2009.05.07 - new motion by State to Determine Counsel

[Melanie]

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.

Would someone please correct me if I'm wrong? Now that this is a DP case, JB cannot file ANY motions because he is not qualified to do so. At the very least Baden should file the motions -- or is this a moot point.

Thanks,

 

[SuziQ]

Would someone please correct me if I'm wrong? Now that this is a DP case, JB cannot file ANY motions because he is not qualified to do so. At the very least Baden should file the motions -- or is this a moot point.

Thanks,

Is Baden DP qualified?

 

[Melanie]

Is Baden DP qualified?

Now that I think about it = I don't think she is. I couldn't find it on the WEB anywhoo...

Linda Kenney-Baden, wife of famed forensic pathologist, Michael Baden, has joined the Anthony legal team. Her specialty is forensic evidence, a field she has worked in for over two decades. Kenney-Baden was Phil Spector's attorney during his 2007 murder trial, in which a mistrial was declared due to a hung jury.

Could be wrong --

 

[MAMABEAR]

I was thinking about this earlier. If he brings in a COMPETENT DP lawyer, someone who will take the bull by the horns so to speak, who is going to have to sign a contract with Casey (correct, legal eagles?) - once they get up to speed on the case, and figure out that Baez's meddling is doing much more harm than good, would they be able to kick Baez out? They would need Casey's consent, correct?

I have been asking this ? for awhile and don't get an answer---> The Bar is investigating JB, right? When are they gonna be done with the investigation? I really feel that he may be disbarred! When? When? When? Another ?. When/if he is disbarred, he WILL NOT be on the KC team anymore. Right? Now our ?s are together in one post. Brain gonna bust if there isn't any input. LOL

 

[Melanie]

I have been asking this ? for awhile and don't get an answer---> The Bar is investigating JB, right? When are they gonna be done with the investigation? I really feel that he may be disbarred! When? When? When? Another ?. When/if he is disbarred, he WILL NOT be on the KC team anymore. Right? Now our ?s are together in one post. Brain gonna bust if there isn't any input. LOL

Hi MB,

I do wish he would get disbarred for his antics (filing unnecessary motions, and now the suit against the government).

When they bring in another lead attorney, won't they have to start from day 1? The new lead could ask for another year to review all the evidence? Whatever happened to the days of a speedy trial?

I must say, I wouldn't mind seeing Geragos in the lead chair. He'd put on quite a show. He's also one for speedy trials (ala Peterson).

Best,

 

[Paintr]

Hi MB,

I do wish he would get disbarred for his antics (filing unnecessary motions, and now the suit against the government).

When they bring in another lead attorney, won't they have to start from day 1? The new lead could ask for another year to review all the evidence? Whatever happened to the days of a speedy trial?

I must say, I wouldn't mind seeing Geragos in the lead chair. He'd put on quite a show. He's also one for speedy trials (ala Peterson).

Best,

NOOOOOOOOOOOO! Please not Geragos!!!!!!!!!!! I would never survive another Geragos trial!

 

[Muzikman]

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.

Timeline Speculation by me...

Sunday/Monday:
Orlando Sentinel publishes a 2-part expose' on Baez's background. All relevant in regards to his ability and ethics to be involved in this case. It does not make him look good at all.

Late Monday:
Baez, knowing the expose' will get tons of coverage and make lots of people question his abilities, files the COV motion, which has been sitting on his desk for some time already, ready to go. He hopes this will deflect attention away from his expose'. Even though it's MONTHS too early to be filing this motion (as he was told by Judge S and SA in the last hearing).

Tuesday:
Baez does some depos, and also holds some impromptu pressers to talk about the COV and depos and deflect attention away from the Sentinel article (Although Kathi B. DOES get in a Sentinel question... heh)

Wednesday:
All quiet on the western front! Not much local news coverage of anything KC.

Thursday:
The SA's office, having seen ANOTHER bone-headed Baez move, decides that enough is enough, Baez should have announced a DP lawyer 3 weeks ago, files a motion to get what needs to be done, done.
So Hopefully these boneheaded moves will stop - or at least slow down drastically, with a competent lead attorney on board...

 

[Virtual Truth]

Timeline Speculation by me...

Sunday/Monday:
Orlando Sentinel publishes a 2-part expose' on Baez's background. All relevant in regards to his ability and ethics to be involved in this case. It does not make him look good at all.

Late Monday:
Baez, knowing the expose' will get tons of coverage and make lots of people question his abilities, files the COV motion, which has been sitting on his desk for some time already, ready to go. He hopes this will deflect attention away from his expose'. Even though it's MONTHS too early to be filing this motion (as he was told by Judge S and SA in the last hearing).

Tuesday:
Baez does some depos, and also holds some impromptu pressers to talk about the COV and depos and deflect attention away from the Sentinel article (Although Kathi B. DOES get in a Sentinel question... heh)

Wednesday:
All quiet on the western front! Not much local news coverage of anything KC.

Thursday:
The SA's office, having seen ANOTHER bone-headed Baez move, decides that enough is enough, Baez should have announced a DP lawyer 3 weeks ago, files a motion to get what needs to be done, done.
So Hopefully these boneheaded moves will stop - or at least slow down drastically, with a competent lead attorney on board...

Best post of the year!!:clap:

 

[TakeNote]

Still catching up on this thread, but FWIW, I'm not sure LKB is qualified to be lead chair at a DP trial.

i will have to look for it...but i know i heard or read that she is not...something to do with how many cases she has done....i remember i was surprised at that....because all along i had heard she was.....

i will have to check the NG links or Jane links....i will post it when i find what i heard....

 

[Gypsy Road]

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?

His name is Jose Luis Garcia

Got this from USLaw.com's library:

"Garcia has experience in both family and criminal law.

Garcia attended Barry University School of Law, where he received his J.D. He continued his undergraduate education and obtained his B.A. degree at Florida International University. His professional associations and memberships include the American Bar Association, National Association of Criminal Defense Lawyers, Young Lawyers Association, and Central Florida Association of Criminal Defense Lawyers.

Garcia's previous legal experience includes a stint as a public defender in Orlando's Ninth Judicial Circuit Court."

 

[TakeNote]

Quote:
Originally Posted by SuziQ
Still catching up on this thread, but FWIW, I'm not sure LKB is qualified to be lead chair at a DP trial.

my fist response
i will have to look for it...but i know i heard or read that she is not...something to do with how many cases she has done....i remember i was surprised at that....because all along i had heard she was.....

i will have to check the NG links or Jane links....i will post it when i find what i heard....




i got some info from here.....
quote:
"And here's the big scoop that I'm shocked no one is discussing....no one on the Casey Anthony Legal Team Meets the Florida Legal Standard"

http://backseatlawyer.blogspot.com/2009/05/how-can-jose-baez-be-lead-lawyer-in.html

Florida Rule of Criminal Procedure 3.112 – the Florida Checklist for Death-Qualified Attorneys
According to Florida Rule of Criminal Procedure 3.112, the minimum standards for a death penalty defense attorney are:

http://swartzlenamon.com/deathpenal...alified-criminal-defense-attorneys-in-florida

 

[Kentjbkent]

http://swartzlenamon.com/deathpenal...alified-criminal-defense-attorneys-in-florida[/QUOTE]

A defendant who is represented by retained counsel is not entitled to the appointment of a second lawyer at public expense merely because that defendant is unable to bear the cost of retaining two lawyers.


Guess I got my question answered as to whether or not Baez can stay on as co-counsel if KC is unable to pay to retain a DP qualified attorney and must rely on DP public defender

 

[Bobbisangel]

He can still be her attorney (one of many from the looks of it)...just not THE (first chair) attorney.

I wonder if LKB fits the bill for 1st chair in a death penalty case???

 

[Bobbisangel]

About time. Geez. This is a dp case and the prosecution cannot risk having a successful conviction then be thwarted by appeals because counsel didn't have enough time to prepare or whatever other excuse can be used in appeals.

Sorry Baez, gravy train is over for you.......................

I'll bet Baez was hoping that no one would notice that he isn't DP qualified :Banane21: or hoping that they had forgotten......but they hadn't :woohoo:

 

[Bobbisangel]

So would I. A professional DP-qualified attorney armed with duct tape and a sock for JB.

Casey will probably want to add a heart shaped sticker to the duct tape and write lots of X O's on the heart.

 

[Tiki]

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:

Bolded by Tiki

Too late!


.

 

[Kentjbkent]

I wonder if LKB fits the bill for 1st chair in a death penalty case???

According to this link http://backseatlawyer.blogspot.com/2...lawyer-in.html posted above, she is not (but link referring to her not did not work for me?)

 

[amethyst221]

I just like repeating myself about the JB crowd, but I'd think they might like to comply with the statute and not irritate the court with any more antics, instead of having their spokesperson issue a statement that virtually taunts the court with their blatantly purposeful defiance. MM has been snottily scoffing at all of us doubters for some time, stating that they have multiple DP qualified lawyers on the team. If so, they SHALL enter their appearances listing their qualifications IMMEDIATELY upon their being retained. Why the delay if she's telling the truth? Why, in the context of the current revelations about JB's alleged disregard of the law, would they do this? Why, when they claim they need a change of venue because of press coverage, try so hard to create a media event? This has become too absurd.

 

[Spangle]

I just like repeating myself about the JB crowd, but I'd think they might like to comply with the statute and not irritate the court with any more antics, instead of having their spokesperson issue a statement that virtually taunts the court with their blatantly purposeful defiance. MM has been snottily scoffing at all of us doubters for some time, stating that they have multiple DP qualified lawyers on the team. If so, they SHALL enter their appearances listing their qualifications IMMEDIATELY upon their being retained. Why the delay if she's telling the truth? Why, in the context of the current revelations about JB's alleged disregard of the law, would they do this? Why, when they claim they need a change of venue because of press coverage, try so hard to create a media event? This has become too absurd.

Cause they know the courts will bend over backwards for KC's team, to ensure she can't have an excuse for appeal.

 

[Theonly1]

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

What was it, two days ago, that we were discussing who was the lead counsel for the defense? I posted the court filings for Casey's case and did not see many attorneys listed on the defense other than Baez (not DP qualified), Lenamon (DP qualified), and L-K-B (pro hac vice).

Hopefully, whoever Baez picks to join the team will be an alpha dog who will lead the pack!