2009.05.07 - new motion by State to Determine Counsel

[magic-cat]

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

A bit OT but didn't one of the media outlets recently run pics of Geraldo with JB AND his WIFE on the boat with him? Or was that Geraldo's wife and I am confused? I thought Jose had a CURRENT wife, but since there is no wedding ring on his finger and he MAY have been sucking licorice with Casey-it makes me wonder...

 

[RR0004]

A bit OT but didn't one of the media outlets recently run pics of Geraldo with JB AND his WIFE on the boat with him? Or was that Geraldo's wife and I am confused? I thought Jose had a CURRENT wife, but since there is no wedding ring on his finger and he MAY have been sucking licorice with Casey-it makes me wonder...

In a recent presser, KB asked about the pics and what he thought about his wife posting them on her FB page.

 

[magic-cat]

So he DOES have a wife...Then what in the name of Zeus is he ALLEGEDLY doing eating licorice with Casey? Is it possible that she and his daughter-of the same age (Christina) I might add-might know one another?

 

[Gypsy Road]

Hey magic-cat, I remember LP talking about JB's wife and how beautiful she is. I've never seen a pic of her, and you're right - JB doesn't wear a wedding ring, but I do think a wife exists! Someone here said that she was 27 years old, but I don't have a link to verify that.

 

[ThoughtElf]

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

:crazy: Like this? http://video.google.com/videoplay?d...631&ei=8RIFSoe3I4Ow-QG8z8yMDw&q=three+stooges

 

[Marina2]

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.

Of the 50 cases listed on the OC Clerk of Court website none qualify him to sit as co-counsel on a DP case. What other counties might he have tried cases in? From what I see, he has absolutely no trial experience.

 

[shgrbkr]

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.

Geez...he got Martinez 7 more months in prison...WTG!!

IMO, I think KC's situation just fell into his lap, and he's milking it for all it's worth. I've said it before and I'll say it again: WHAT lawyer takes any case, especially a felony case, on a promise of payment?? I've never heard of ONE--until now. Y'know, OJ actually had some money. KC hasn't got a pot to pi$$ in or a window to throw it out of, let alone $4500 or whatever it was she told him.

I wouldn't want him for a defense attorney if he charged $5 bucks an hour. Period. Let his record speak for itself.

 

[Leila]

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

This is why we should feel confident that the state reinstated the death penalty because they have good solid evidence for a conviction.

 

[Mamabear1963]

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.

I ran across this yesterday as well. I guess if KC wants to go with JB, and signs a waiver...that will save the state appeal money...

 

[Kentjbkent]

Of the 50 cases listed on the OC Clerk of Court website none qualify him to sit as co-counsel on a DP case. What other counties might he have tried cases in? From what I see, he has absolutely no trial experience.

He has 50 cases on the OC Clerk of Court website???!!

 

[Muzikman]

I ran across this yesterday as well. I guess if KC wants to go with JB, and signs a waiver...that will save the state appeal money...

Where did you run across this? Can you put put up a link?

 

[Mamabear1963]

Where did you run across this? Can you put put up a link?

I think it was in a video from yesterday...I will try and see...

 

[Mamabear1963]

Here:

http://www.wesh.com/video/19406750/index.html

It is just a news shot with a promise of an explanation...

 

[nickster]

I do not believe JB has a DP atty on board....I think he is feverishly looking for one thou. I think he's bringing these atty's to court, so it looks as though he as a whole team, and in reality only LKB. What normal atty would want to be sucked into this circus? Most likely not get paid, and put in months of work, and have his reputation ruined. Mr. Lenneman had the right idea, go for the acc death def, but no way was JB going for that, not enough time for all the media attention,and fame and $$$$$

 

[MAMABEAR]

:crazy: Like this? http://video.google.com/videoplay?d...631&ei=8RIFSoe3I4Ow-QG8z8yMDw&q=three+stooges

Now, that says it all.
:floorlaugh::floorlaugh::floorlaugh:

 

[Marina2]

He has 50 cases on the OC Clerk of Court website???!!

Yes. The majority are drug charges which didn't go to trial (pled out or nolle prose.), a few thefts, a burglary, a urinating in public, many misdemeanors.

I wonder if KC is aware of his experience, or I should say, lack of experience, as a trial lawyer. I can't imagine JB informing her of this.

 

[Brini]

:crazy: Like this? http://video.google.com/videoplay?d...631&ei=8RIFSoe3I4Ow-QG8z8yMDw&q=three+stooges

Yes! Those are JB's other three attorneys! Did you get that clip from JB's press conference?

 

[Brini]

Yes. The majority are drug charges which didn't go to trial (pled out or nolle prose.), a few thefts, a burglary, a urinating in public, many misdemeanors.

I wonder if KC is aware of his experience, or I should say, lack of experience, as a trial lawyer. I can't imagine JB informing her of this.

She prolly doesn't care. He's a lawyer whom she can manipulate. She can flirt, get lots of visits, and share licorice.

 

[Spangle]

The issue isn't only what/how the DP lawyer will be paid. But that the DP lawyer will have to take orders from JB.

What experienced lawyer is going to take orders from a totally in-experienced lawyer??? Knowing he/she will take the 'hit' for how it all goes down.

If I was a betting person, I would bet that those "8" lawyers that JB mentioned, is the number to date of lawyers that have had contact , that thought to help, but quickly realized JB didn't want their imput/exprience, etc. They were to take orders from him, and he doesn't know what he is doing. They were to put their Honorable Name to his stupidity.So they left. JMHO based upon JB's ego.

From what I've seen of JB in court, what Little I know about court, I'm shocked to watch him in action. His peers were laughing at him in court.

Since the PR would gain the person paying clients.. I really think the problem is the issue of dealing with JB.

 

[Muzikman]

The issue isn't only what/how the DP lawyer will be paid. But that the DP lawyer will have to take orders from JB.

What experienced lawyer is going to take orders from a totally in-experienced lawyer??? Knowing he/she will take the 'hit' for how it all goes down.

If I was a betting person, I would bet that those "8" lawyers that JB mentioned, is the number to date of lawyers that have had contact , that thought to help, but quickly realized JB didn't want their imput/exprience, etc. They were to take orders from him, and he doesn't know what he is doing. They were to put their Honorable Name to his stupidity.So they left. JMHO based upon JB's ego.

From what I've seen of JB in court, what Little I know about court, I'm shocked to watch him in action. His peers were laughing at him in court.

Since the PR would gain the person paying clients.. I really think the problem is the issue of dealing with JB.

Well said, and I totally agree. Baez will have to be FORCED to step down into a lesser role (or even out completely) and that is the roadblock. He can't or won't accept that.