2010.02.09 New motion filed by defense TES search records

[Tulessa]

Yes, I understand that
.
I see this thread being led down another path. That it is someone else's fault that the Defense has not gone to view the records because 1) Baez goes and they are not there and then 2) NeJames is charging $300/ hour for Order ruled on by Judge S that a Representative be present..that Casey does not have the money and that the State should pay....etc....it's in previous posts made in this thread

http://www.wftv.com/pdf/20582267/detail.html

The ruling had 3 areas of payment to be made by the Defense for 3 things....

1) the Depo-, All expenses relating to the Depo are to be paid by Casey in advance
2)The Records- Casey is responsible to bear all costs necessary as to enable her Counsel to fully review all TES docs, paid in advance
3)The Defense will pay a Representative a Minimal and Reasonable expense to follow the order by the court to have a Representative monitor the inspection at all times...IF a dispute arises due as to the reasonableness of cost then the issue shall be resolved in Court prior to the inspection... The Defense has not raised an issue due to cost....

Kinda makes ya wonder what JB has done with the money from the licensing fees.:waitasec:

 

[Harmony 2]

Given the application for indigent status.......there is no way KC can fill that out if she has received any money from sale of photos, videos, etc...... I don't know that to be the case, but it is a can of worms the defense doesn't want opened if they can avoid it. IMO.....




An aside.....
I think I am going to franchise a "Beat a Dead Horse for a buck" business. I'll open in shopping centers nationwide.

When intelligent people are having to resort to discussion on chupacabras, beating dead horses, squirrels, and hamsters then....

 

[TotallyObsessed]

I'm not going to get into a name calling session or anything of that nature. What I am going to look at is what the defense has done and the work product they have submitted.

Many of the motions filed by the defense have been flawed in accordance with Florida laws. The defense has also failed on different occasions to follow court orders. JB has been politely called out in court by the Judge on a few occasions. The defense has not completed many parts of their investigation. The defense has also failed to pay the clerk of courts office for records during this case as well. To me this shows a lack of experience, effort, and understanding on part of the defense.

JB is inexperienced. Thats not name calling that's truth. JB does not have much trial experience especially a trial of this magnitude.

AL and LKB may not have a complete understanding of Florida law. I believe many of the motions show good examples of this. These motions have been discussed and the flaws pointed out if anyone would like to go back to look for reference.

The defense has also shown a lack of effort by not paying for items they received, not completing depo's, not completing their review of the evidence, not going in to look at the crime scene after it was released to them, not paying Nejame and going to his office to review these files, not submitting evidence to back statements made by Todd M, not swearing in RK's ex's, and the list could go on.

Based on the work produced by this defense many have questioned if Casey could appeal on the grounds of ineffective counsel. In fact I believe that was a major reason JS wanted Casey out all hearings. I also recall JS asking Casey if she was pleased with her counsel.

To me this defense has not shown it's effectiveness but there are two key points that are keeping that from being a valid appeal. One: the high profile attorneys involved, and Two: Casey's willingness to stick with them.

So I'm not going to say they are stupid but clearly they are lacking in experience, knowledge, and effort based on their work thus far in the case. This motion is just another example of that because this issue has already been ruled on, and instead of arguing against that ruling they are rehashing the first motion with the addition of the press was allowed to see the files. It should be noted they were not copied in anyway.

BRAVO. Well said. I have 30 years experience in the legal field (not as an attorney) and there are times after reading some of JB's motions I KNOW I could draft something much more concise and on point. I am not saying he is stupid either, but he is very inexperienced. It also took him quite a few times to pass the bar. That says enough. In the legal world, if you can't pass the bar after the second try......there might be a problem in the making as far as becoming a licensed, practicing attorney. All this is just MOO after observing the legal professionals from the inside for a very, very long time

 

[LambChop]

BRAVO. Well said. I have 30 years experience in the legal field (not as an attorney) and there are times after reading some of JB's motions I KNOW I could draft something much more concise and on point. I am not saying he is stupid either, but he is very inexperienced. It also took him quite a few times to pass the bar. That says enough. In the legal world, if you can't pass the bar after the second try......there might be a problem in the making as far as becoming a licensed, practicing attorney. All this is just MOO after observing the legal professionals from the inside for a very, very long time

I know. You would think if JB can't tow the line he would hire someone who at least knows what to do.

 

[The World According]

From post number 124 of the Richard Hornsby thread, a quote from Mr. Hornsby:

"Jose Baez is a moron, that is both my professional and personal opinion."
__________________
My blog: Florida Law and the Criminal Justice System
My site: Orlando Criminal Defense Lawyer
My team: The University of Florida Gators
My favorite quote: “The only real lawyers are trial lawyers, and trial lawyers try cases to juries.” - Clarence Darrow

There is an entire thread on the mistakes Baez has made in the parking lot. It is called What's your favorite? "Our experts are beyond the age of technology": Jose Baez (Multi-page thread 1 2 3 4 5)
Funny stuff in there, many, many examples...here is one
Originally Posted by Brini
Another fave: "Anyone who thinks this case is a slam dunk is far from wrong.": Jose

 

[Spangle]

Given the application for indigent status.......there is no way KC can fill that out if she has received any money from sale of photos, videos, etc...... I don't know that to be the case, but it is a can of worms the defense doesn't want opened if they can avoid it. IMO.....

An aside.....
I think I am going to franchise a "Beat a Dead Horse for a buck" business. I'll open in shopping centers nationwide.

I thought it was said that until she is convicted, then it would be in her rights to receive funds that way and use it to pay for her Attys.

I think the problem is where the money went and/or how much is left.

Totally theory. But what if JB's plan was to get the Dream Team to work for free. To get the experts to work for free. To get everything cheap or free. On the explaination that KC hasn't worked for years, and has no money. A game that was blown out of the water when the issue was brought up by the SA. WE now know some money was made. But we do not know how much.

Do the Dream Team know how much?

If that was JB's plan, he might have all ready Billed and received his payment. Leaving little, or none left in the pot for others to get payment. OR he has been billing all along, and getting paid. But ONLY HE. Since only he knows there is money and how much, etc.

Money was made. If JB isn't spending it on experts, depos, etc.. it's because he is saving it to make sure he gets paid. Or has all ready gotten paid.

Wonder how much he charged for all those hours of just hanging out at the Jail or the office with KC????? Wonder if KC realizes her money went to pay for THAT, instead of "on the streets' looking for witnesses, experts, etc.

IF she has to file to get the State to pay, then the original money thing that JB wants to keep quiet, would have to be reviled. If my theory is correct, then JB would be in trouble with Attys, courts, and clients. Since JB doesn't show the ability to think in advance.......

 

[sleutherontheside]

I thought it was said that until she is convicted, then it would be in her rights to receive funds that way and use it to pay for her Attys.

I think the problem is where the money went and/or how much is left.

Totally theory. But what if JB's plan was to get the Dream Team to work for free. To get the experts to work for free. To get everything cheap or free. On the explaination that KC hasn't worked for years, and has no money. A game that was blown out of the water when the issue was brought up by the SA. WE now know some money was made. But we do not know how much.

Do the Dream Team know how much?

If that was JB's plan, he might have all ready Billed and received his payment. Leaving little, or none left in the pot for others to get payment. OR he has been billing all along, and getting paid. But ONLY HE. Since only he knows there is money and how much, etc.

Money was made. If JB isn't spending it on experts, depos, etc.. it's because he is saving it to make sure he gets paid. Or has all ready gotten paid.

Wonder how much he charged for all those hours of just hanging out at the Jail or the office with KC????? Wonder if KC realizes her money went to pay for THAT, instead of "on the streets' looking for witnesses, experts, etc.

IF she has to file to get the State to pay, then the original money thing that JB wants to keep quiet, would have to be reviled. If my theory is correct, then JB would be in trouble with Attys, courts, and clients. Since JB doesn't show the ability to think in advance.......

BBM
KC is 100% legally entitled to sell photos etc.....to fund her defense. I believe it was the defenses concern over possible public outrage and that it would "hurt" how she is perceived that was the bigger concern to him.

I remember early on that JB consulted with an "ethics" attorney. Additionally, Judge S ruled that there was no conflict on interest with funding. BUT.....it would be the worst possible publicity for both KC and her team if their funding was tied to images of "Caylee". PR nightmare....

 

[ExpectingUnicorns]

Well, I've finally discovered one thing that JB and I agree on: "You couldn't pay me enough to represent her." :crazy:

 

[LiveLaughLuv]

She is now a convicted felon, can she still profit??

Could also be that her parents are funding her defense with the sales of new photos/videos given for these interviews. If they can go on cruises, I'm sure they can help Casey's funding...:croc:

 

[Spangle]

BBM
KC is 100% legally entitled to sell photos etc.....to fund her defense. I believe it was the defenses concern over possible public outrage and that it would "hurt" how she is perceived that was the bigger concern to him.

I remember early on that JB consulted with an "ethics" attorney. Additionally, Judge S ruled that there was no conflict on interest with funding. BUT.....it would be the worst possible publicity for both KC and her team if their funding was tied to images of "Caylee". PR nightmare....

I agree.

But, JB seems to have 'cover stories' that he wants the public to believe. I think it's possible that this too, is one of those cover stories he wants everyone to believe.

The PR reason is very understandable. AT this point, everyone all ready knows. Just not the $$$$.

Yet, that doesn't mean that he is sharing that info (and funds) with the Dream Team. AL thinks she is broke.

If she is broke,where did the money go? What have KC spent the money on? The only thing at this point, that I can see, is Atty fees. That would be JB's Atty fees for the first year. Mainly just setting and holding her hand. For HOURS at end. Atty hour fees are high. Those fees should have been used for depos.

It's one thing to assume how much someone got. But if all the hours wasted was totaled.. and one seen how much was actually Billed... And that someone was getting NOTHING for their REAL WORK....

Ouch!

 

[Spangle]

She is now a convicted felon, can she still profit??

Could also be that her parents are funding her defense with the sales of new photos/videos given for these interviews. If they can go on cruises, I'm sure they can help Casey's funding...:croc:

IIRC, convicted felons can not profit from the crime they committed. If that is true, that would only cover the check fraud stuff. It would not cover the other charges at this time.

 

[ZsaZsa]

BRAVO. Well said. I have 30 years experience in the legal field (not as an attorney) and there are times after reading some of JB's motions I KNOW I could draft something much more concise and on point. I am not saying he is stupid either, but he is very inexperienced. It also took him quite a few times to pass the bar. That says enough. In the legal world, if you can't pass the bar after the second try......there might be a problem in the making as far as becoming a licensed, practicing attorney. All this is just MOO after observing the legal professionals from the inside for a very, very long time

I have no legal experience but I do know to read a document thoroughly before I present it to the Court, particularly if I tout myself as a life saving Attorney.
Take a look at Paragraph 4- "to properly supervise its students" has no place in this motion- one of her students botched this thing together using a template and no one proof read it. Pathetic.
http://www.wftv.com/download/2009/1014/21293740.pdf

ALyons a whiz kid? nah

 

[LiveLaughLuv]

But don't you think something is wrong here? I mean how is it that the defense is making motions to see all the records when the Judge already ruled they could? In the last hearing, Tes got a continuation on something. Do you think Tes is stalling? That perhaps they are inviting him, but when he gets there, they don't have it? I don't get it. I find it hard to believe that the defense is putting in these motions to look stupid. There must be a valid reason for it. IMO

Yes, the valid reason is, BAEZ IS INEPT, and this is a man who teaches law students...watch out Florida..:banghead:

 

[The World According]

If they lined up a hundred more folks that did not find the body in the woods it would not negate this: [ame]http://www.youtube.com/watch?v=Iso8spgHK-g[/ame]
[ame]http://www.youtube.com/watch?v=8KpB7AOz0l8[/ame]
There is no getting around all of these lies she told. The defense could bring in circus acts to preform for the jury and still there would be no getting around these lies: [ame]http://www.youtube.com/watch?v=nig-ITwHAWM[/ame]
[ame]http://www.youtube.com/watch?v=IQaBs6S4ZTA[/ame] The jury is going to find these lies very compelling and see all the rest the defense is trying as desperate, pathetic, and nonsense, imo
[ame]http://www.youtube.com/watch?v=8rA4nBgphfQ[/ame]

Detective to Casey:
"Everything that is coming out of your mouth is a lie. Everything!" : Yuri Melich. "They are going to crucify you for this. You are telling us that you lied. Every single thing you have told us is a lie! She is out there somewhere and her rotting body is out there decomposing. Everything you have told us , we have already proven to be a lie, EVERY SINGLE THING!" he continues. We need to stop this lie. Your mother has called me several times today. Your mother knows. Your father knows. Everyone around you knows that everything you have told us is a lie. Your friends have all talked to us already. "

Casey to Detectives:

"I purposely misled you": Casey admitted, " We're here...because I lied". "That was a lie, it is not helping." Those are Casey's words and the jury will hear them, imo. The more I listen to these, the more I do believe Andrea is going to try very very hard to explain to Casey it is in her best interest to take a plea. Unless and until Casey agrees to do so...they will continue to file motion and try to delay for as long as possible.

[ame]http://www.youtube.com/watch?v=LxVfaLPM2Is[/ame]

Hold on to your seat, in this one she speaks of Caylee in the past tense. Several times.[ame]http://www.youtube.com/watch?v=65OHVT6y63E[/ame]
Yuri was right, they are going to want to crucify her if the jury becomes convinced of the state's theory of what Casey did to this baby and that she threw her body in the woods like trash. They will not care who did or did not discover her on their volunteer search. That is my guess.

 

[Aedrys]

ITA livelaughluv! And ITA with endless people on this post that are too many to count.

There is no vast and evil conspiracy by the SA or LE. The other conspiracies out there that have polluted the media have been from the defense and the A’s. It’s all smoke and mirrors, and delay til the end of the time. Just because you look for a conspiracy doesn’t mean that it’s there. It’s time to see this case as it is – a girl who never should have been a mother in the first place, didn’t want to be a mother, and got rid of her burden and tried to hide it. Obviously, she failed. Obviously, she isn’t going to get away with it.

It’s time to take off the tinfoil hat of crazy conspiracies and stop drinking the KC koolaid. She left everything but a video of her doing the deed, and still, that’s not enough for some people. They want to see her doing it before saying she did. The logic doesn’t fit anyone else. The science doesn’t lie and point to anyone else either. The evidence, into total, points to only one person and not one iota in any other direction no matter how much the defense digs, talks to people, and smears people in the media. Yet people want to see things that aren’t there and make up things that aren’t logically possible or reasonable. It just boggles my mind.

Now the defense want thousands of records for every TES searcher? And how many more people are going to get thrown under the bus and be torn apart because they searched in that area or near that area, or have duct tape in their possession, or have Casey or Caylee or Anthony as a name in any way, or I could go on and on and on. The defense is DESPERATE, so obviously so that they are STILL thinking they can find SOMETHING when there is NOTHING left to find!

There is no conspiracy. There is no one left to be brought out as the one who did it, and the murderer is sitting in jail, happy with her inept defense, and doesn’t see the door slamming on her or the needle going into her veins yet, and that is SAD. SHE is the one who would should be fighting for a better defense, and she's NOT. That's HER fault, not anyone else's!

It is what is. No actor on the face of the planet could portray stupid and inept like the defense has. They can’t even write a motion to save their lives! If it walks like a duck, quacks like a duck, acts like a duck, etc…then it’s a DUCK. Casey did this, and Casey will pay for it. Clear and simple. We will always see through everything for the truth, no matter how much the defense tries to make us think otherwise. Heck, any sane, logical person who hears all of the evidence will know that Casey did this.

The defense should declare her indigent and stop playing these games with everyone. They’re just bad as Casey’s parents with the endless games. And those of us who care more about the horribly slain two year old angel of a child than her worthless mother will be there until the cell door slams on Casey for good or she draws her last breath, whichever WILL happen.

There are no conspiracies, no halftruths, no mistruths, just THE TRUTH. Thank GOD we’re all here to care more about that the defense, the defendant, her family, and anyone else buying into their crap. Somebody has to stand up for the truth, somebody has to stand up for Caylee, and I’m glad there are so many of us out there to do just that!

 

[sleutherontheside]

Have I told you lately that I love Websleuths?????????

 

[Tulessa]

ITA livelaughluv! And ITA with endless people on this post that are too many to count.

There is no vast and evil conspiracy by the SA or LE. The other conspiracies out there that have polluted the media have been from the defense and the A’s. It’s all smoke and mirrors, and delay til the end of the time. Just because you look for a conspiracy doesn’t mean that it’s there. It’s time to see this case as it is – a girl who never should have been a mother in the first place, didn’t want to be a mother, and got rid of her burden and tried to hide it. Obviously, she failed. Obviously, she isn’t going to get away with it.

It’s time to take off the tinfoil hat of crazy conspiracies and stop drinking the KC koolaid. She left everything but a video of her doing the deed, and still, that’s not enough for some people. They want to see her doing it before saying she did. The logic doesn’t fit anyone else. The science doesn’t lie and point to anyone else either. The evidence, into total, points to only one person and not one iota in any other direction no matter how much the defense digs, talks to people, and smears people in the media. Yet people want to see things that aren’t there and make up things that aren’t logically possible or reasonable. It just boggles my mind.

Now the defense want thousands of records for every TES searcher? And how many more people are going to get thrown under the bus and be torn apart because they searched in that area or near that area, or have duct tape in their possession, or have Casey or Caylee or Anthony as a name in any way, or I could go on and on and on. The defense is DESPERATE, so obviously so that they are STILL thinking they can find SOMETHING when there is NOTHING left to find!

There is no conspiracy. There is no one left to be brought out as the one who did it, and the murderer is sitting in jail, happy with her inept defense, and doesn’t see the door slamming on her or the needle going into her veins yet, and that is SAD. SHE is the one who would should be fighting for a better defense, and she's NOT. That's HER fault, not anyone else's!

It is what is. No actor on the face of the planet could portray stupid and inept like the defense has. They can’t even write a motion to save their lives! If it walks like a duck, quacks like a duck, acts like a duck, etc…then it’s a DUCK. Casey did this, and Casey will pay for it. Clear and simple. We will always see through everything for the truth, no matter how much the defense tries to make us think otherwise. Heck, any sane, logical person who hears all of the evidence will know that Casey did this.

The defense should declare her indigent and stop playing these games with everyone. They’re just bad as Casey’s parents with the endless games. And those of us who care more about the horribly slain two year old angel of a child than her worthless mother will be there until the cell door slams on Casey for good or she draws her last breath, whichever WILL happen.

There are no conspiracies, no halftruths, no mistruths, just THE TRUTH. Thank GOD we’re all here to care more about that the defense, the defendant, her family, and anyone else buying into their crap. Somebody has to stand up for the truth, somebody has to stand up for Caylee, and I’m glad there are so many of us out there to do just that!

Awesome post and welcome aboard!!!:woohoo:

 

[The World According]

ITA livelaughluv! And ITA with endless people on this post that are too many to count.

There is no vast and evil conspiracy by the SA or LE. The other conspiracies out there that have polluted the media have been from the defense and the A’s. It’s all smoke and mirrors, and delay til the end of the time. Just because you look for a conspiracy doesn’t mean that it’s there. It’s time to see this case as it is – a girl who never should have been a mother in the first place, didn’t want to be a mother, and got rid of her burden and tried to hide it. Obviously, she failed. Obviously, she isn’t going to get away with it.

It’s time to take off the tinfoil hat of crazy conspiracies and stop drinking the KC koolaid. She left everything but a video of her doing the deed, and still, that’s not enough for some people. They want to see her doing it before saying she did. The logic doesn’t fit anyone else. The science doesn’t lie and point to anyone else either. The evidence, into total, points to only one person and not one iota in any other direction no matter how much the defense digs, talks to people, and smears people in the media. Yet people want to see things that aren’t there and make up things that aren’t logically possible or reasonable. It just boggles my mind.

Now the defense want thousands of records for every TES searcher? And how many more people are going to get thrown under the bus and be torn apart because they searched in that area or near that area, or have duct tape in their possession, or have Casey or Caylee or Anthony as a name in any way, or I could go on and on and on. The defense is DESPERATE, so obviously so that they are STILL thinking they can find SOMETHING when there is NOTHING left to find!

There is no conspiracy. There is no one left to be brought out as the one who did it, and the murderer is sitting in jail, happy with her inept defense, and doesn’t see the door slamming on her or the needle going into her veins yet, and that is SAD. SHE is the one who would should be fighting for a better defense, and she's NOT. That's HER fault, not anyone else's!

It is what is. No actor on the face of the planet could portray stupid and inept like the defense has. They can’t even write a motion to save their lives! If it walks like a duck, quacks like a duck, acts like a duck, etc…then it’s a DUCK. Casey did this, and Casey will pay for it. Clear and simple. We will always see through everything for the truth, no matter how much the defense tries to make us think otherwise. Heck, any sane, logical person who hears all of the evidence will know that Casey did this.

The defense should declare her indigent and stop playing these games with everyone. They’re just bad as Casey’s parents with the endless games. And those of us who care more about the horribly slain two year old angel of a child than her worthless mother will be there until the cell door slams on Casey for good or she draws her last breath, whichever WILL happen.

There are no conspiracies, no halftruths, no mistruths, just THE TRUTH. Thank GOD we’re all here to care more about that the defense, the defendant, her family, and anyone else buying into their crap. Somebody has to stand up for the truth, somebody has to stand up for Caylee, and I’m glad there are so many of us out there to do just that!

:Welcome-12-june::Welcome-12-june::Welcome-12-june:

Update in the murder case docket


02/09/2010 Motion
for Leave to File Supplemental Authority



02/09/2010 Defense
Objection to State of florida's Request for an Ex Parte Hearing

 

[cyberborg]

BBM- So are you saying that the State should pay to 'Defend and also pay to Prosecute' KC?

:clap::clap::clap::clap:

I think the SA should provide their attorneys for both the Prosecution AND Defense and JB can just be a figurehead ..... j/k but that's almost what JB is asking for, to pay AND do his work for him.

 

[marspiter]

Nejame gives comment on the latest motion by the defense.

"inappropriate and inaccurate motion which misrepresents the facts and is wholly and completely erroneous and misleading."

http://www.orlandosentinel.com/news...asey-anthony-motions-20100211,0,3602266.story