2010.04.30 Defense responds to JS order stepping down

[logicalgirl]

Not sure what purpose was served to have JS removed when he clearly had some sympathy to KC and treated her fairly. Allowed defense a wide berth. If you've read anything on MDave's site you would KNOW, for sure, that those titles were just to get your attention so you would read his blog. They were slanted in a positive way further towards the defense than they were to the state. If you have read them you can't deny this fact. So, what HAS defense accomplished by their temper tantrum.....they've had a judge removed who might have overruled the DP for KC should she be found guilty and they managed to alienate a blogger who was one of the few who was fair to KC in reporting the facts and in his speculation of what happened. Now you have a "no-nonsense" judge who will not be impressed by the fact that someone has to hold Ms. Anthony down when JA explains how Caylee died during the trial.

Was CM thinking of KC's welfare when he filed that motion or was there something personal in removing the judge? I would sure like to know what their history is. If it is negative could affect the appeal process? JMO

I know everyone keeps saying what was the point LambChop, BUT first - first I don't believe they thought Judge Strickland was really going to step immediately down. And Two - I'm positive they did not see Judge Perry looming on the horizon, rubbing his hands with glee at the opportunity of bringing some kind of organization to this chaos of a court case.

I can just see JS and JP having a big old knee slapping chuckle over this one! Both sitting there giggling at Baez and Mason's anticipated reactions - LOL.

 

[logicalgirl]

And further to my comments above, I would imagine in a court system as small as the Ninth Circuit, that Judge Perry has a close relationship with the Judge's under his jurisdiction.

I think they have chatted about this case before this happened, and I'm positive Judge Strickland called Judge Perry before he responded to this motion and stepped down.

I don't see anything happening in Judge Perry's patch that he doesn't know about.

 

[Dignity4Victims]

Cheney Mason said in open court that H Lee once accepted a crate of oranges.......we all heard it yet now is claiming that Judge STrickland wouldn't know that?????

I'm not sure which one I found to be funnier in Mason's latest Motion, his whine about Henry Lee's oranges, or the fact that Mason himself admitted he used the wrong notary stamp, but he didn't appreciate being called out on his own stupidity. :laughitup:

 

[wonders]

Essentially if KC states she was upset with the "strangers" comment from the JS when it was based on a fact, how did she feel about JP discussing the DP when it directly affects her. Noticed her jaw clenching.

Thank you Lambchop. I see what your saying now. Sorry I have to have things explained to me. Thank you again.

 

[anaaheran]

This “Objection to Court Order” is nothing more than a waste of time.

First Cheney said one of his employees filed the document with the Clerk after supposedly attempting to deliver a courtesy copy to Judge Strickland. Then he said he was in the courthouse that afternoon in some other matters and that the media “saw him heading to the courthouse with papers”.

Second, the “do you trust me” comment –which was highly inappropriate itself- was taken out of context. That comment was made by Cheney in response to a question from Judge Strickland about trusting public money to the Defense without having a disclosure of how the prior money was spent. It was not done in the context of the experts, as Mr. Cheney stated in the document. Maybe he did not have time to review the hearing video before writing his “objection”.

Lastly, Defense team, please don’t get confused. Judge Perry knows that every single word in Strickland’s order is true. Everything. You can complain everything you want, doesn't make any difference.

PS: Did anybody notice the demeanor of the defense in Judge Perry’s? Amazing. Cheney lost his speech and Baez was trembling. Super different mood. It’s funny to see so many big mouths being quiet… and Miss Universe did not have any special hair do for this occasion. The days of modeling are over…:behindbar

 

[cecybeans]

This “Objection to Court Order” is nothing more than a waste of time.

First Cheney said one of his employees filed the document with the Clerk after supposedly attempting to deliver a courtesy copy to Judge Strickland. Then he said he was in the courthouse that afternoon in some other matters and that the media “saw him heading to the courthouse with papers”.

Second, the “do you trust me” comment –which was highly inappropriate itself- was taken out of context. That comment was made by Cheney in response to a question from Judge Strickland about trusting public money to the Defense without having a disclosure of how the prior money was spent. It was not done in the context of the experts, as Mr. Cheney stated in the document. Maybe he did not have time to review the hearing video before writing his “objection”.

Lastly, Defense team, please don’t get confused. Judge Perry knows that every single word in Strickland’s order is true. Everything. You can complain everything you want, doesn't make any difference.

PS: Did anybody notice the demeanor of the defense in Judge Perry’s? Amazing. Cheney lost his speech and Baez was trembling. Super different mood. It’s funny to see so many big mouths being quiet… and Miss Universe did not have any special hair do for this occasion. The days of modeling are over…:behindbar

Great post - welcome and couldn't agree more. That "be careful what you wish for" is a line I'm sure they will hear in their heads many times before this is over. They had cake with buttercream icing in Strickland's courtroom. And for Cheney to think that criticizing Strickland to his superior is gonna garner them points somehow is almost as delusional as the Tale of the Imaginanny.

 

[Sherbie]

I know everyone keeps saying what was the point LambChop, BUT first - first I don't believe they thought Judge Strickland was really going to step immediately down. And Two - I'm positive they did not see Judge Perry looming on the horizon, rubbing his hands with glee at the opportunity of bringing some kind of organization to this chaos of a court case.

I can just see JS and JP having a big old knee slapping chuckle over this one! Both sitting there giggling at Baez and Mason's anticipated reactions - LOL.

I think they've been holding the get-rid-of-the-judge card for a while and that CM made a strategic decision to play it now. I agree with you that they didn't think the judge would step down -- they wanted to use the fact that he wouldn't as an appellate issue or, in the alternative, as a means to claim bias or retribution by the judge during the trial, possibly triggering a mistrial.

I think CM made the wrong choice and shouldn't have played that card when he did. Since the trial hadn't actually started, the likelihood that the judge's stepping down would create an appellate issue is lessened.

Plus, he lost the ability to use it later in the midst of the trial when it would, IMO, have been more effective for the defense. (Not to mention they lost an easy-going, accommodate-everyone-as-much-as-possible judge and gained a no-nonsense, don't-even-think-of-playing-me judge instead.)

One thing is certain, CM crafted that motion and should be allowed to write all future motions since he knows how to do it properly (as opposed to some of the weird stuff we've seen filed in the past).

 

[faefrost]

I know everyone keeps saying what was the point LambChop, BUT first - first I don't believe they thought Judge Strickland was really going to step immediately down. And Two - I'm positive they did not see Judge Perry looming on the horizon, rubbing his hands with glee at the opportunity of bringing some kind of organization to this chaos of a court case.

I can just see JS and JP having a big old knee slapping chuckle over this one! Both sitting there giggling at Baez and Mason's anticipated reactions - LOL.

I still think the remove the judge maneuver was a sign that CM and not JB will be taking the lead in spoken arguements. And he wanted a clean slate in front of a judge that had not spent a year dealing with JB's antics. The alternate posibility is JS would not step down over this leaving open lots of appelate issues on probably every ruling. So in his strategizing it would be a win win so long as he plans on retiring and not trying anything before this court circuit again. (This does of course throw JB to the judicial wolves for any future work in florida, "but what the hey, it's JB after all. Chances he wont have his law license bythe time this is done")

Now where the startegy went off the rails is when they got BP as a replacement judge. Few saw that comming because he is not part of the normal judicial rotations, he is the big boss. I figure AL has got to be in a state of panic about now over him. her much vaunted "angel of death Row" reputation depends heavily on being able to sway the courts emotional heartstrings. A Judge that has not only sentanced a woman to death, but attended the execution is not going to be real receptive to her tears and antics.

 

[logicalgirl]

I think they've been holding the get-rid-of-the-judge card for a while and that CM made a strategic decision to play it now. I agree with you that they didn't think the judge would step down -- they wanted to use the fact that he wouldn't as an appellate issue or, in the alternative, as a means to claim bias or retribution by the judge during the trial, possibly triggering a mistrial.

I think CM made the wrong choice and shouldn't have played that card when he did. Since the trial hadn't actually started, the likelihood that the judge's stepping down would create an appellate issue is lessened.

Plus, he lost the ability to use it later in the midst of the trial when it would, IMO, have been more effective for the defense. (Not to mention they lost an easy-going, accommodate-everyone-as-much-as-possible judge and gained a no-nonsense, don't-even-think-of-playing-me judge instead.)

One thing is certain, CM crafted that motion and should be allowed to write all future motions since he knows how to do it properly (as opposed to some of the weird stuff we've seen filed in the past).

If Mason's reasonably written motions produces the same kind of "dumb" results as the two we do know he's written, then why not?

He clearly authored the one demanding that Judge Strickland recuse himself, for highly questionable reasons. Result - Judge Perry, which I'll never believe is what he was hoping for.

Now we have the response to Judge Strickland granting the Defense team their motion, and recusing himself from the case. Again, well written but proving only that Judge Strickland's well placed barbs found their mark, and allowing everyone know follows this case a little comedic diversion.

I say absolutely let him continue to be the author of both the ideas for motions and the case law they are based on if these two are examples of his work.

Mason just doesn't be able to see potholes right in front of him. A bit like his client - makes a move without considering ALL the consequences.

 

[Horace Finklestein]

I will find his motion and come back and respond to the admitting of wrong doing. However what he did was wrong. It is wrong to befriend someone who is a biased blogger when you are suppose to be an impartial Judge. He had to step down because he had showed his bias. We can not have biased Judges in this country. The Judge needs to be impartial to the end and let the Jury decide. The Jury makes the decision in these cases. That is in our constitution. The Judges job is to control the court room and rule on motions in a way that is fair to the defendant and the state, not to befriend biased bloggers. IMO

He did NOT show bias of any kind. It's sad to see people twist JS's actions into something they weren't. What is the point of making this into something it wasn't? He was 'friends' with a blogger? No, he spoke with him for a minute...that doesn't make them friends. Sheesh

 

[seeing_eye]

I will find his motion and come back and respond to the admitting of wrong doing. However what he did was wrong. It is wrong to befriend someone who is a biased blogger when you are suppose to be an impartial Judge. He had to step down because he had showed his bias. We can not have biased Judges in this country. The Judge needs to be impartial to the end and let the Jury decide. The Jury makes the decision in these cases. That is in our constitution. The Judges job is to control the court room and rule on motions in a way that is fair to the defendant and the state, not to befriend biased bloggers. IMO

BBM to address.
JS did nothing wrong. He spoke with a blogger for a couple of minutes in front of everyone in the court room and with cameras rolling. Making a comment to someone for a couple of minutes is far from "befriending" him. The only reason JS stepped down was because of the "appearance" of wrong doing. And the appearance of wrong doing was the fault of the blogger, IMO, and not JS's fault. Nothing would have ever appeared "wrong" if the blogger had not bragged of the incident over and over, non-stop, probably exaggerating each time he wrote about it.

The very fact that JS read and commented on the blogger's blog does not show bias on the part of JS in any way, form or fashion. The fact that JS told the blogger that his blog was fair also does not show any bias on the part of JS. I know this because I used to read the blogger's blog and, despite the headlines that have been mentioned as "evidence of bias," the blog itself was very fair and "middle of the road" as far as opinions went. I wouldn't be a bit surprised if the said blogger is no longer as fair-minded where it concerns the defense of Casey. I wouldn't know personally since I no longer read there because of the blogger's lack of manners in publishing the details of a private conversation.

 

[doogiesgirl]

Does anyone think that JP should not have discussed the DP stage of the case in front of KC in court on Friday? I have not heard one objection. So who would think that JS comment based on a fact, "Ms. Anthony and the truth are strangers." would be worse. They are judges and get to say what is appropriate at the time. Ms. Anthony was in the reasoning stage of her bond hearing. What JS said was no different than if he said, "Ms Anthony you have lied to LE and have refused to disclose the location of your daughter." They're judges not camp counselors.
JMO

I so agree. I loved JBP's way of doing things. Which is straight to the point, all business, no monkeying around. I did like JSS, but I was bothered by the levity/humor that went on in his courtroom and his laxity at keeping control of the courtroom. There is nothing humorous about what happened to Caylee. I appreciate JBP's tone and the fact that court will no longer get to be a kind of "recess" from jail for KC. April 30th was a status hearing and the DP penalty phase is part of this if KC is convicted on Murder 1st degree. KC should have heard this serious discussion way before this court appearance IMO, and not from the defense saying "they are trying to kill my client judge", but instead discussed as a matter of law and with the appropriate tone, the way JBP handled it. I applaud him.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

I didn't see anything wrong when JS said, seems the truth and Miss Anthony are strangers, I really don't.
This was his reason for such a high bail. Not once credible piece of infomation from the mother of an allegedly missing child! How does that help in finding her..JMHO
The same at sentencing. A judge gives his reasons why he rules as he does.

http://articles.orlandosentinel.com/2002-09-20/news/0209200385_1_john-huggins-larson-death-sentence

ITA. At that point, (which was early on) in this whole tragedy, JSS was just pointing out fact. Proven fact. Practically everything KC had told LE up to that point had been debunked, and even she herself said to YM that almost everything she'd told him had been a lie.

[ame]http://www.youtube.com/watch?v=8rA4nBgphfQ&feature=related[/ame]
(KC says "not everything" around the 1:01 point)

YM says to KC, "Everything you've told us has been a lie" and KC responds, "not everything". Ha ....yeah I guess she's right, after all her name is Casey Marie Anthony....she told one truth.


And in this clip--KC's first appearance before judge, he says something along the lines of "you are charged with providing false statements and false information to a LE officer. I've reviewed the paperwork and find probable cause for these charges". And even KC shakes her head yes as he is saying this to her! LOVE IT!!

[ame]http://www.youtube.com/watch?v=gh2YgYy-1BQ[/ame]



moo

 

[LambChop]

Thank you Lambchop. I see what your saying now. Sorry I have to have things explained to me. Thank you again.

No, you're fine. I just happen to notice KC's reaction to the judge's matter-of-fact, no emotional content about the DP. MDave was indeed fair in his blogs about her regardless of what the titles said. The the "Ms. Anthony and the truth are strangers" was a comment the judge made regarding her bond being set so high (if you are not going to cooperate and deliberately lie about the whereabouts of your daughter why would the judge trust you). Apparently she has stepped into this time. jmo

 

[coco puff]

I so agree. I loved JBP's way of doing things. Which is straight to the point, all business, no monkeying around. I did like JSS, but I was bothered by the levity/humor that went on in his courtroom and his laxity at keeping control of the courtroom. There is nothing humorous about what happened to Caylee. I appreciate JBP's tone and the fact that court will no longer get to be a kind of "recess" from jail for KC. April 30th was a status hearing and the DP penalty phase is part of this if KC is convicted on Murder 1st degree. KC should have heard this serious discussion way before this court appearance IMO, and not from the defense saying "they are trying to kill my client judge", but instead discussed as a matter of law and with the appropriate tone, the way JBP handled it. I applaud him.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~




ITA. At that point, (which was early on) in this whole tragedy, JSS was just pointing out fact. Proven fact. Practically everything KC had told LE up to that point had been debunked, and even she herself said to YM that almost everything she'd told him had been a lie.

http://www.youtube.com/watch?v=8rA4nBgphfQ&feature=related
(KC says "not everything" around the 1:01 point)

YM says to KC, "Everything you've told us has been a lie" and KC responds, "not everything". Ha ....yeah I guess she's right, after all her name is Casey Marie Anthony....she told one truth.


And in this clip--KC's first appearance before judge, he says something along the lines of "you are charged with providing false statements and false information to a LE officer. I've reviewed the paperwork and find probable cause for these charges". And even KC shakes her head yes as he is saying this to her! LOVE IT!!

http://www.youtube.com/watch?v=gh2YgYy-1BQ



moo

Thank you for sharing!

Listening to LE talk to Casey about what will happen if she doesn’t quit lying is remarkable. It is chilling when they talk about how Caylee’s body may be out there rotting somewhere. They gave her so many opportunities to tell the truth but she insists she left Caylee with the Nanny. Even if she really didn’t know what happened to Caylee (I know, pfffff), the fact that she lied to LE to derail the search for Caylee makes her deserving of her fate. The future LE predicted for KC came to pass.

 

[bananarama]

In the second paragraph of the 1st page of the objection, it is stated:

"As a matter of law, a Trial court, having received such a motion, is required to only determine the legal sufficiency of the motion in accordance with the Rules." and "The Court may not argue or dispute facts, yielding any response, other than "granting", or "denying", the motion. To do so automatically places the Court in an adversarial position, contrary to the defense, and, by that act alone, is required to be disqualified."

In doing so, do you think JS decided to "dispute facts" because he knew he was disqualifying himself anyway? Do any of our legal eagles think JS will be reprimanded by the Court?

 

[magic-cat]

In the second paragraph of the 1st page of the objection, it is stated:

"As a matter of law, a Trial court, having received such a motion, is required to only determine the legal sufficiency of the motion in accordance with the Rules." and "The Court may not argue or dispute facts, yielding any response, other than "granting", or "denying", the motion. To do so automatically places the Court in an adversarial position, contrary to the defense, and, by that act alone, is required to be disqualified."

In doing so, do you think JS decided to "dispute facts" because he knew he was disqualifying himself anyway? Do any of our legal eagles think JS will be reprimanded by the Court?

To me what that says is: If you respond in any fashion to the charges leveled in the motion to recluse yourself, then you will automatically be disqualified. So the consequences OF responding are clearly laid out for all to see: respond with anything other than grant or deny? And you will be automatically reclused. So, His Honor, in disqualifying himself, made statements in response, because he COULD. The consequences were disqualification, which he did himself in the order...so I think they are dust in the wind on this one...:blushing:

 

[Aedrys]

I still think the remove the judge maneuver was a sign that CM and not JB will be taking the lead in spoken arguements. And he wanted a clean slate in front of a judge that had not spent a year dealing with JB's antics. The alternate posibility is JS would not step down over this leaving open lots of appelate issues on probably every ruling. So in his strategizing it would be a win win so long as he plans on retiring and not trying anything before this court circuit again. (This does of course throw JB to the judicial wolves for any future work in florida, "but what the hey, it's JB after all. Chances he wont have his law license bythe time this is done")

Now where the startegy went off the rails is when they got BP as a replacement judge. Few saw that comming because he is not part of the normal judicial rotations, he is the big boss. I figure AL has got to be in a state of panic about now over him. her much vaunted "angel of death Row" reputation depends heavily on being able to sway the courts emotional heartstrings. A Judge that has not only sentanced a woman to death, but attended the execution is not going to be real receptive to her tears and antics.

ITA! Instead of backtalking the judge in their response, they should have been begging Casey to take a plea. But no, they had to be jerks and waste time responding to JS's recusal. I mean sheesh, what more could they possibly want from him? An apology for being mean and leaving the case altogether? Compliments, not barbs, from JS on them catching the judge in a situation THEY made questionable in the first place? It's like they were so sure he was going to stay on and give them appellate issues for free. How dare he be mean to them when they were mean to him in the first place! So kindgarten and playground. Hey "boys," just a hint, we're not in elementary school anymore, and if you want respect you have to give it out first!

BTW, who thinks they're on their hands and knees in front of Casey, begging her to take a plea right now? I cannot imagine they will be ready for all the hearings that are about to take place. I'm thinking Baez needs several new pairs of pants at this point.

 

[ZsaZsa]

To me what that says is: If you respond in any fashion to the charges leveled in the motion to recluse yourself, then you will automatically be disqualified. So the consequences OF responding are clearly laid out for all to see: respond with anything other than grant or deny? And you will be automatically reclused. So, His Honor, in disqualifying himself, made statements in response, because he COULD. The consequences were disqualification, which he did himself in the order...so I think they are dust in the wind on this one...:blushing:

I have a feeling that JS probably knows the law/regs on this better than Baez.:innocent:

 

[Cher352]

:smile::smile::smile:

And further to my comments above, I would imagine in a court system as small as the Ninth Circuit, that Judge Perry has a close relationship with the Judge's under his jurisdiction.

I think they have chatted about this case before this happened, and I'm positive Judge Strickland called Judge Perry before he responded to this motion and stepped down.

I don't see anything happening in Judge Perry's patch that he doesn't know about.

(my bold)

Just an FYI the Ninth Circuit Court is one of the largest courts in FL, servicing 1.3 million with 65 judges and an average of 590,000 cases a year :smile:

http://www.ninthcircuit.org/about/overview.shtml

 

[cyberborg]

ITA! Instead of backtalking the judge in their response, they should have been begging Casey to take a plea. But no, they had to be jerks and waste time responding to JS's recusal. I mean sheesh, what more could they possibly want from him? An apology for being mean and leaving the case altogether? Compliments, not barbs, from JS on them catching the judge in a situation THEY made questionable in the first place? It's like they were so sure he was going to stay on and give them appellate issues for free. How dare he be mean to them when they were mean to him in the first place! So kindgarten and playground. Hey "boys," just a hint, we're not in elementary school anymore, and if you want respect you have to give it out first!

BTW, who thinks they're on their hands and knees in front of Casey, begging her to take a plea right now? I cannot imagine they will be ready for all the hearings that are about to take place. I'm thinking Baez needs several new pairs of pants at this point.

BBM.

Sadly, I believe the contrary that given the new life and cockiness breathed into the Defense by Cheney, I think the Defense are going to KC stating well we nearly had grounds for mistrial with JS and don't worry, before long we will have a bunch of grounds and, as backup some appeals. I think the ego of this Defense team are boosting KC's morale.