2010.05.06 "Defendants Motion for Reconsideration of [JS'] Prior Rulings"

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

Arguments from prior hearing regarding Joe Jordan ( TES volunteer )
[ame]http://www.youtube.com/watch?v=R6x__8rtj7U[/ame]
 
http://www.orlandosentinel.com/news/local/breakingnews/os-casey-anthony-jac-equusearch-docs-20100525,0,6302710.story

Earlier, Orange-Osceola Chief Judge Belvin Perry set a hearing for June 1 to hear arguments on the defense's requests to seal jail-visitation logs and to have Perry reconsidered earlier rulings by the initial judge on the case.

One of those items to be discussed involves documents belonging to EquuSearch, the group that helped organize large volunteer searches for Casey Anthony's daughter Caylee, before the toddler's remains were found.

NeJame stated that Casey Anthony's defense team scheduled the hearing without coordinating with him, and he had a pre-planned family holiday that day.




NeJame stated his office is coordinating a new hearing date with Casey Anthony's defense, and that he was filing the conflict notice simply to assure his portion of the hearing be cancelled and rescheduled.


So I guess TES is off the table for the June 1st hearing?
 
Baez got tripped up a few times in court today, too. He lost every legal argument he made, but the judge is holding off on deciding whether he can order the jail to seal Casey's visitation logs, which are public for every inmate. The jail's attorney says, if Casey gets special treatment, every other capital case inmate will ask for special treatment, too.

“Are you alleging that there was some taint on Strickland's prior rulings or are you trying to get a second bite of the apple?” Judge Perry asked Baez.

Judge Perry did not override the orders of Judge Strickland before he recused himself, so the defense will not get the transcript of George Anthony's secret grand jury testimony against Casey or the sealed, illegal tape recording made by an EquuSearch volunteer when he was questioned by the defense about searching the area where Caylee was found months later.

The defense also will not get more death penalty specifics from prosecutors or from the Tennessee lab about chemicals of decomposition it found in the air in Casey's trunk.
http://www.wftv.com/news/23752570/detail.html

I do believe HHBP is onto this defense team and feel like they want that second bite of the perverbial apple. Each and every motion denied, as I believe they should have been...the only motion HHBP is reconsidering is the visitation log, which I believe will also be denied for His Honor has no control over what happens at the DOC...The attorney for the DOC stated yesterday they had 94 people there for capital murder, if they do this for ICA they will have to do this for all those awaiting trial on murder..it's not going to fly. Baez needs to continue being busy conducting depositions. As HHBP stated, you should be 98% done at this point..Hmmmm, I wonder..:banghead:


Justice for Caylee
 
http://www.wftv.com/news/23752570/detail.html

I do believe HHBP is onto this defense team and feel like they want that second bite of the perverbial apple. Each and every motion denied, as I believe they should have been...the only motion HHBP is reconsidering is the visitation log, which I believe will also be denied for His Honor has no control over what happens at the DOC...The attorney for the DOC stated yesterday they had 94 people there for capital murder, if they do this for ICA they will have to do this for all those awaiting trial on murder..it's not going to fly. Baez needs to continue being busy conducting depositions. As HHBP stated, you should be 98% done at this point..Hmmmm, I wonder..:banghead:


Justice for Caylee

I do wonder if the TES thing will be heard after yesterdays rulings....Did it seem like alot of when HHJP spoke of things should be done by now directly at the defense???? Especially everytime something should have been covered by oh lets just say DEPO????
It did seem like his patience is running thin.....
 
Slightly off topic but wonderfully ironic.

Is the Defense saying they want the recording because there is so much to be learned in listening to the person's voice and they want to be able to question Mr. Jordan's recollection and veracity?

Why is the defense trying to keep out Cindy's last 911 call? Wouldn't the same standards they are applying to Mr. Jordan apply to Cindy?

I for one can't wait for Laura Buchanen, the fabled "Kentucky law enforcement officer" and friend of the Anthony's and Baez, to be deposed! Bring it on!!!
 
Let me get this straight. They had Strickland remove himself, got a stricter judge, got JSs rulings re-heard and nothing was overturned. In fact JP flat out said are you implying some bias of JS (is that right, I didn't hear that just read it). So where did all the removing JS drama get them exactly?
 
Let me get this straight. They had Strickland remove himself, got a stricter judge, got JSs rulings re-heard and nothing was overturned. In fact JP flat out said are you implying some bias of JS (is that right, I didn't hear that just read it). So where did all the removing JS drama get them exactly?


One word - EXPOSED.

Now it is even more clear - they have done nothing in two years. At least with HHJS they could bumble around kicking up some dust clouds to hide in. But HHJP's style leaves the Defense no place to hide.
 
Mason argued the Motion to Reconsider the prior ruling regarding the illegally recorded tape of Joe Jordan. I believe Mason exposed the Defense strategy, to CREATE REASONABLE DOUBT, in his argument.

Mason basically, says Casey KILLED CAYLEE (but somebody else involved, moved the body = REASONABLE DOUBT)

http://www.wftv.com/video/23758968/index.html
June 1, 2010 Hearing
Part 2 (4:50) t…”Mason: “…. now that does not necessarily mean, as a matter of law, that she could not have killed this child, or been involved with it...."

Mason also said: "if somebody else moved the body that opens a “huge door of reasonable doubt” ...."

The Defense wants to throw “somebody moving the body” in, to confuse the jury and make the jury think that “somebody” else was “helping Casey” and moved the body …. which would cause the jury to think that if somebody else was involved …. maybe Casey is not the one who killed “the child”. It gives the Defense a chance to create confusion about multiple parties involved in Caylee’s death and movement of her corpse = REASONABLE DOUBT = possible hung jury or acquittal.
IMO
 
“Are you alleging that there was some taint on Strickland's prior rulings or are you trying to get a second bite of the apple?” Judge Perry asked Baez.

This is a quote from the article referenced below:

http://www.wftv.com/news/23752570/detail.html

I don't want to seem like I am picking on WFTV, well at least not too much :)

Having said that, Judge Perry actually asked that question of CM not JB. CM was a little taken aback by the question and hemmed and hawed over an answer. Judge Perry cut him a little slack and went on to ask him another question which allowed CM not to answer his first one. So, although WFTV got the quote right, they got the recipient of the question wrong. It was CM, not JB who was put 'on the spot' and who didn't have a good answer, in fact he had no answer at all!

I am going back to watch the hearing again and will try to pinpoint when in the hearing the question was asked. I will edit my post if I can find it.
Here it is from WFTV website: Part 2 of the hearing, starting at the 13:40 mark.
 
In the hearing yesterday, my favorite part was the judge asking Cheney was he alleging that the prior judge did something inappropriate in his ruling on the Joe Jordan matter. Judge Perry, "Are you alleging there was some taint on Judge Strickland's prior ruling in this case or are you trying to get a second bite at the apple?"
Baaaam!

Cheney, after a pregnant pause, got red in the face, and laughed with apparent embarrassment, did not answer, and said something to the effect of you are trying to trip me up, as if the judge were asking a trick question. (IMO..if he was alleging the prior judge's decision was biased, he would need to illustrate that by specific example, not wholly unfounded allegations. Likewise, if he were to state he certainly was not implying the judge did anything improper...that would negate his ability to rightfully bring the request for the motion to be reheard). Standing there those few seconds of silence may have seemed like hours to Cheney. I watched it over and over because it was too funny. The judge let him up off the mat quickly and said ok, let's move on. I wish he would have just remained silent a moment longer and forced an answer from Cheney. Lions don't need to roar, so he let it go and went on to explain he was indeed denying the defense request. 13 minute mark in tape, or hearing, part two. Priceless!

http://www.wftv.com/video/23758968/index.html

ps I see that some of you were posting about this very matter.



__________________

[ame]http://www.youtube.com/watch?v=6HH2EcHM0_8[/ame] Two minute mark...priceless. Mark takes them to school!!!According to Mark, "The Defendant, through her counsel, has alleged that Joe Jordan's name was not among the 32 searchers identified by TES and none of his reports were disclosed to the defense. This is a misrepresentation of the facts as Mr. Jordan's name and signature are on the Field Activity Form 08-895 dated September 1, 2008, which was hand delivered to counsel for defendant. They haphazardly filed the Motion to Modify the Court's Order .A simple visit to the undersigned's office and a perusal of the documents would have illuminated the correct information."
The Defendant, through her counsel, is unnecessarily wasting this Honorable Court's time, the taxpayer's money and the undersigned's resources by filling these frivolous motions.However, it is counsel for Defendant who has frustrated and circumvented these efforts, while attempting to shirk his responsibilities and blame others for his inaction....TES respectfully asks this Honorable Court to assess attorney's fees against the counsel for the Defendant, especially since he has been advised of the inaccuracy of the defendant's motion and has failed to take any remedial actions".View attachment 9411
Two minutes in to the arguments before the judge, Mark sets the record straight. He gets a little animated, so if you are at work, turn the volume down.
Mark Nejame "The defense claims it places a heavy burden on them to come to my office. My office is a ten minute walk and two minute drive to this courthouse. If they have got time to do TV interviews, and drive to TV stations, I think they have the time to come by and review the four thousand documents they are jumping up and down they haven't had access to because they haven't made the time to come over. It is beyond me! It is incredulous to suggest that there are bombshells and things have been hidden from them, when they are still sitting in my office, they haven't made the time to come over. Come by after court , pay a visit!! Now we find ourselves before your honor wasting the courts time, wasting the taxpayers money,for something that has been addressed and they were put on notice. This kind of stuff should not be permitted. There is no new information that has been brought before the court it is either because of laziness or sloppiness this information hasn't been tracked down. They just haven't took the time to come review them."
__________________


Jose trying to get Mr. Jordan's e mail into evidence was interesting. Although his assertion was that this is exculpatory in nature, that indeed had already been debunked in a prior hearing by Mark. Why do the defense attorneys in this case proceed as if earlier arguments have not already been well settled? Cheney was arguing the same exact things Baez already argued and it was proven in the prior hearings he had his facts wrong. This was not before Cheney came on the case, he indeed was sitting there at the defense table for the entire argument. I have never seen lawyers do this, ever! It is the epitome of wanting another bite at the apple!
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http://www.wftv.com/news/22535671/detail.html


The very experienced Mr. Nejame, sets out the defense is out of line, and has their facts wrong. Again.

Nejame asks the court to award TES attorney fees.
snip

"He has caused unnecessary attorney time and Court time to be wasted, especially since he has been fully advised of its misrepresentations and inaccuracies and nevertheless continues to proceed," NeJame wrote.

[ame]http://www.youtube.com/watch?v=rp-TNj55rls[/ame]
My favorite line here: "I am being OVERLY GENEROUS IN MY CHARACTERIZATION" , Mr. Nejame argued to the judge regarding the defense.
Our own Mr. Hornsby: " The state is preparing their rebuttal case. "

After the defense has put on their case..The searchers that may claim they searched and the remains were not there..."The prosecution is going to come back with their rebuttal and just destroy them....demonstrate that their witnesses with showing that they are misleading, were dishonest or just plain wrong about what they remember, " Mr. Hornsby said.

[ame]http://www.youtube.com/watch?v=u1XhJhCVSyw[/ame]
 

Attachments

Here Mr. Miller is interviewed about the newly discovered documents by LE.
__________________


During his interview, Miller said he was told by a friend of Casey’s father, George Anthony that Casey was the key to Caylee’s whereabouts, but that she wouldn’t talk.

Additionally, Miller said Casey’s mother, Cindy Anthony, became angry when he sat down with George and Casey, asking Casey to put an X on a map so his group would have an idea of where to start searching for Caylee.

“Cindy got really angry… Casey got up and went back to her room and I, I looked at George and I think I just kind of threw my hands up and I said, ‘You know, I’m sorry. We really didn’t come to cause any trouble,’ or something to that effect,” Miller told investigators.

Miller eventually became disgusted with the Anthony family after he claims Casey never spoke to him about finding Caylee, and giggled, smiled, and laughed inappropriately, acting like she was in a “cheerleading competition.”


To read the transcript of Texas EquuSearch's Tim Miller's interview with authorities, click above attachment.View attachment 9421
 
Thanks to nums24
Judge denies 3 motions from Casey Anthony

http://www.orlandosentinel.com/news/...,2684767.story

snipped:

•Ruled that Anthony's wish to keep confidential her visitors at the Orange County Jail "in a high profile case does not qualify as a lawful exemption." Further, there is no exemption in state law that allows the court the seal such public records.

•Declined to strike prosecutors' filing of its notice of aggravating circumstances — reasons why it will seek the death penalty. Anthony's attorneys had argued that the state "merely filed a list of factors on which it may rely, failed to serve the defense with notice, and failed to provide any indication of the evidence it would use to prove the existence of those factors
 
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