2009.05.07 - new motion by State to Determine Counsel

[BeanE]

BeanE,

I was citing the same source reported above by clockwatcher. The lawyer needs to be protected from the media, it seems.

Thanks, amethyst! I couldn't find what you were referring to.

Protecting him (or her) from the media that the defense is always placing itself in front of is kind of strange.

 

[Gypsy Road]

Thanks Potato Head! It's amazing how many "stories" JAB tells. Would have been great if the reporter called him out on this - and asked him the 8 attorney's names.Then again, JAB wouldn't have answered or he would have said something like "you'll see at the trial"

 

[BeanE]

It came directly from JB - we discussed a lot in the thread linked below:
Just putting it out there that JB said on April 14th he had at least 6 (count'em) DP qualified attorneys on the team:

Quote:
Originally Posted by PotatoHead
JB spoke last night as he left the jail after a half hour visit with KC

From the media thread (Thanks Angel Who Cares!)

VIDEO~Baez: Forces Out To Get Casey Anthony
http://www.clickorlando.com/video/19174398/index.html

Article:
http://www.clickorlando.com/news/19174406/detail.html

Cliff notes:
1. Baez says, "... anyone who thinks this will force Casey to plea is sadly mistaken. She won't." 1:07
2. costs to tax payers will triple. 2:08
3. He mentions the total of 8 lawyers currently 3 of whom we know are DP qualified; LBK, Mike W, and Terry L. 2:19
4. The video also goes on to state that there are 3 additional unnamed DP qualified attorneys working on the case. 2:40


So, who are the additional 3 lawyers?

Pulled that from JB's reaction to the DP thread here: http://www.websleuths.com/forums/sho...20#post3603320

Good discussion there.

I guess Jose didn't realize that Terry had left the building... :crazy:

 

[ThoughtElf]

Thanks Potato Head! It's amazing how many "stories" JAB tells. Would have been great if the reporter called him out on this - and asked him the 8 attorney's names.Then again, JAB wouldn't have answered or he would have said something like "you'll see at the trial"

Exactly! As it turns out, there are some questions floating around about LKB and if she is even qualified. And, we also know Terry L is no longer on the team.

So... back to the question --> WHO????

 

[ThoughtElf]

I guess Jose didn't realize that Terry had left the building... :crazy:

It amazes me the relevant details that guy turns a blind eye to, it really does. :wink:

 

[mitzi]

It came directly from JB - we discussed a lot in the thread linked below:
Just putting it out there that JB said on April 14th he had at least 6 (count'em) DP qualified attorneys on the team:

Quote:
Originally Posted by PotatoHead
JB spoke last night as he left the jail after a half hour visit with KC

From the media thread (Thanks Angel Who Cares!)

VIDEO~Baez: Forces Out To Get Casey Anthony
http://www.clickorlando.com/video/19174398/index.html

Article:
http://www.clickorlando.com/news/19174406/detail.html

Cliff notes:
1. Baez says, "... anyone who thinks this will force Casey to plea is sadly mistaken. She won't." 1:07
2. costs to tax payers will triple. 2:08
3. He mentions the total of 8 lawyers currently 3 of whom we know are DP qualified; LBK, Mike W, and Terry L. 2:19
4. The video also goes on to state that there are 3 additional unnamed DP qualified attorneys working on the case. 2:40


So, who are the additional 3 lawyers?

Pulled that from JB's reaction to the DP thread here: http://www.websleuths.com/forums/sho...20#post3603320

Good discussion there.

Haven't Mike W. and Terry L. been off the case for a while? Does JAB really think we are that dumb to accept that they are still on, just because he "says so"?

 

[amethyst221]

Thanks, amethyst! I couldn't find what you were referring to.

Protecting him (or her) from the media that the defense is always placing itself in front of is kind of strange.

It is indeed. I think the defense didn't like the fact that Macaluso's Bar troubles were discovered despite his failure to disclose them to the court as required. Whose fault is that?

 

[I Din Doot]

If I was a halfazzt attorney with a client that gave me fame ( and shared Licorice).

Don't know the rest of the story BUT IF MAYBE I'zatourney I'd play it for the big money too !!

 

[Kentjbkent]

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.


So then, JB will have to work for free if he wants to stay?

I am not in the legal field, but from the research I have done over the last few days, I believe that if KC cannot afford to retain a DP qualified attorney, Baez will have to file a motion to have her deemed indigent, and then when the DP qualified public defender is appointed, they will have to file a motion for Substitution of Counsel (from Baez to PD)? At least that is the way it appeared immediately after the conviction of Nilton Diaz(according to court documents). Nilton was declared indigent and a PD was assigned for any appeal filings and the court instructed Biaz to submit a Withdrawal of Counsel.

 

[SuziQ]

So why is Baez spending time, money and resources to strike down Strictland's hearing on this matter, when all he has to do is announce who this DP qualified attorney is? Sounds to me like Baez doesn't have a DP attorney to announce.

Sorry if this was already answered and discussed.

 

[Kentjbkent]

I'm still wondering if JB qualifies to sit as co-counsel in a DP case. There are requirements for that as well. Where can we find information on the lawyer's prior cases?

I am late in catching up due to down internet this evening but these are the cases I have found so far that involved Jose Baez as defense atty:

CASE 1 - From lake County Clerk of Court website

Co-Counsel in trial of Nilton Diaz (have posted details on that trial earlier in thread so won't repeat here (TRIAL - GUILTY)

CASE 2 - From media via internet

Represented Elvira Garcia, charged with kidnapping her roommate's baby; charges subsequently dropped and case deemed a family court issue (?)
(CHARGES DISMISSED)

CASE 3 - From court documents available on Pacer website

G. Martinez was indicted on 12/14/05 for possession with intent to distribute over 5 kilograms (7 to be exact) of cocaine hydrochloride. Was originally represented by Mr. M. Rodriguez.

On 2/15/06, Mr. Rodgriguez filed a plea agreement with the court, signed by Mr. Martinez for a minimum sentence of 10 years (120 months).

Jose Baez filed a Motion to Substitute Attorney on 2/16/06 replacing Mr. Rodriguez as defendent counsel.

On 3/7/06 Mr. Baez filed a Change of Plea Agreement with the court on behalf of Mr. Martinez stated that he no longer wanted the plea agreement but would instead plead guilty to the original charge.

On 8/10/06 Mr Martinez was sentenced to 127 months in jail. (PLEA - GUILTY)

CASE 4 - From court documents available on Pacer website

On 1/18/06 Mr. Garcia-Rocha was indicted for illegal re-entry into the US in Tampa FL. Mr. Garcia-Rocha was previously convicted in 1989 for trafficking cocaine and deported. He unlawfully re-entered the US on 1/13/06. He was appointed a public defender.

On 3/03/06 Jose Baez filed a Joint Stipulation for Substitution of Atty, replacing the public defender as counsel for Mr. Garcia-Rocha.

On 7/20/06 the court accepts the guilty plea of Mr. Garcia-Rocha.

On 11/20/06 Mr Garcia-Rocha is sentenced to time served and he is remanded to the custody of the US Marshall and he is deported. (PLEA - GUILTY)


So that is all I have found so far and the only trial experience appears to be as co-counsel in the Diaz case.

 

[Chezhire]

I've begun to wonder if part of the problem is that there are attorneys who have enrolled as counsel of record, by filing notices of appearance, but who haven't yet filed motions to withdraw, ergo JBaez is playing fast with the rules: he knows these attorneys have no intention of representing Casey but since they haven't formally withdrawn, he still feels he can say that there are DP qualified attorneys of record.

 

[NSS]

BeanE,

I was citing the same source reported above by clockwatcher. The lawyer needs to be protected from the media, it seems.

Does anyone else appreciate the irony of a person who is prepared to sit beside accused killers (facing the DP so particularly nasty killers) but requires protecting from the media. :waitasec:

 

[Muzikman]

I want to know what criteria KC will need to allow JB to continue. I'm totally confused. I thought either he is or he isn't qualified to be an FL qualified DP attorney. How does KC overrule that?

I recall reading somewhere, can't remember where, that if Casey REALLY REALLY wanted Baez to be the one, she could do it but would have to sign a waiver stating that there would be no grounds for appeal based upon bad counsel. Or something to that effect.

 

[NSS]

I recall reading somewhere, can't remember where, that if Casey REALLY REALLY wanted Baez to be the one, she could do it but would have to sign a waiver stating that there would be no grounds for appeal based upon bad counsel. Or something to that effect.

Wesh will be running the "how JB can still represent KC" story on their 11pm broadcast. Not sure how long it'll take to be viewable as an online story.

http://www.wesh.com/caseyanthony/index.html

 

[Muzikman]

Wesh will be running the "how JB can still represent KC" story on their 11pm broadcast. Not sure how long it'll take to be viewable as an online story.

http://www.wesh.com/caseyanthony/index.html

thanks for the heads up, just in time for me to watch -

ETA - they did not do the piece for some reason, just a quick blurb about the case. Harumph.

 

[Brini]

It came directly from JB - we discussed a lot in the thread linked below:
Just putting it out there that JB said on April 14th he had at least 6 (count'em) DP qualified attorneys on the team:

Quote:
Originally Posted by PotatoHead
JB spoke last night as he left the jail after a half hour visit with KC

From the media thread (Thanks Angel Who Cares!)

VIDEO~Baez: Forces Out To Get Casey Anthony
http://www.clickorlando.com/video/19174398/index.html

Article:
http://www.clickorlando.com/news/19174406/detail.html

Cliff notes:
1. Baez says, "... anyone who thinks this will force Casey to plea is sadly mistaken. She won't." 1:07
2. costs to tax payers will triple. 2:08
3. He mentions the total of 8 lawyers currently 3 of whom we know are DP qualified; LBK, Mike W, and Terry L. 2:19
4. The video also goes on to state that there are 3 additional unnamed DP qualified attorneys working on the case. 2:40


So, who are the additional 3 lawyers?

Pulled that from JB's reaction to the DP thread here: http://www.websleuths.com/forums/sho...20#post3603320

Good discussion there.

JB announced today that the other three DP qualified lawyers are Larry, Moe, and Curly.

 

[magic-cat]

So is JB still going to be her lawyer? Surely she is not THAT desperate...IS she?

 

[Brini]

Haven't Mike W. and Terry L. been off the case for a while? Does JAB really think we are that dumb to accept that they are still on, just because he "says so"?

Maybe he thinks the public is as bright as "his girl."

 

[Gypsy Road]

So is JB still going to be her lawyer? Surely she is not THAT desperate...IS she?

I think she is THAT desperate! JB has become MORE of an attorney to her IYKWIM :blowkiss: