2010.05.13 Prosecution lists Aggravating Factors

[LambChop]

BBM - What they are referring to, is when a motion/order etc is filed, the opposing parties (and the judge) should have copies sent to them, AKA "noticing".

This statement by them is so whiny it's not funny - because THEY have given motions to the media before filing, numerous times.
The state does not do that with their motions - they file with the clerk, then the media (and myself) gets their copies from the clerk.

Breathe, Muzikman, breathe........

 

[logicalgirl]

Breathe, Muzikman, breathe........

That's just excitement about the expected doc dump tomorrow LambChop! If Muzikman didn't have those adrenalin rushes we wouldn't get our docs so fast. Can I buy you a cup of coffee Muzikman?:dance:

 

[marspiter]

Was looking at the State v. Steele case mentioned in the motion to strike. Here is a link to the courts decision on that case.

http://www.floridasupremecourt.org/decisions/2005/sc04-802.pdf

There is one qoute in there I find interesting as it relates to this motion.

“We add, however, that under current law the trial court cannot prohibit the State from relying on an aggravator that was either undisclosed or disclosed beyond the deadline. As counsel for the respondent acknowledged at oral argument, any violation will at most justify a continuance to allow the defendant to rebut or impeach the State’s evidence.”

Also State v. Steele does not talk about the state having to give "particulars" it only talks about the state having to give a list of the aggravators. I believe having to list the "particulars" would cause a substantive burden on the state given that this is a pre-trial motion regarding the penalty phase.

This is just my lay-mans opinion though and I'll defer to one of our lawyers here.

 

[Muzikman]

Breathe, Muzikman, breathe........

Oh, I'm OK. You can tell when I'm really worked up because LARGE COLORED FONTS start appearing. :crazy:

 

[eaglemom]

I think that is why #9 in the defense's motion irks me.

HHJP order does not state that prosecutors are required to give evidence used in the aggravator's listed but defense makes it sound like it is a given because of State v. Steele.

I thought maybe there was something I didn't understand.

MOO

 

[Aedrys]

BBM - What they are referring to, is when a motion/order etc is filed, the opposing parties (and the judge) should have copies sent to them, AKA "noticing".

This statement by them is so whiny it's not funny - because THEY have given motions to the media before filing, numerous times.
The state does not do that with their motions - they file with the clerk, then the media (and myself) gets their copies from the clerk.

Thank you so much for clarifying this. Wow, so Baez is whining about the same thing HE ALWAYS DOES? How immature can you get? I can just see him, jumping up and down and going "See judge? See what the SA didn't do? They were BAD! I am SO TELLING ON THEM! Bad SA! You're in TROUBLE now! See judge! Lookit at what they didn't do! Sanction them!"

I swear, I think Baez is treating the SA like they are his older brothers and sisters and he's the annoying tattletale little brother! Like HHJP is just going to not know that this has been the defense's tactic all along! Um Baez, just cause HHJP is new, doesn't mean that he knows nothing about what went on before he took over the case!

Heh, I just added another irony to the irony thread because of this motion - Casey hired a lawyer who acts like a two year old to defend her against the murder of her own two year old. You can't make this stuff up!

 

[Muzikman]

Thank you so much for clarifying this. Wow, so Baez is whining about the same thing HE ALWAYS DOES? How immature can you get? I can just see him, jumping up and down and going "See judge? See what the SA didn't do? They were BAD! I am SO TELLING ON THEM! Bad SA! You're in TROUBLE now! See judge! Lookit at what they didn't do! Sanction them!"

I swear, I think Baez is treating the SA like they are his older brothers and sisters and he's the annoying tattletale little brother! Like HHJP is just going to not know that this has been the defense's tactic all along! Um Baez, just cause HHJP is new, doesn't mean that he knows nothing about what went on before he took over the case!

What is REALLY surprising, to me, is that Cheney seems to be doing the same thing. I would think that with his years of experience, he would be above that and know better. :waitasec:

I want to see the missing page, to see if this motion is Cheney's or Baez's. I suspect that it is Cheney's. It has case law. :crazy:
.

 

[Aedrys]

What is REALLY surprising, to me, is that Cheney seems to be doing the same thing. I would think that with his years of experience, he would be above that and know better. :waitasec:

I want to see the missing page, to see if this motion is Cheney's or Baez's. I suspect that it is Cheney's. It has case law. :crazy:
.

I KNOW!!!! It's like they think if they keep throwing tantrums, they'll get their way...wait a minute...are they taking cues from their own client? Don't do that "boys!" Look where that got her!

 

[LambChop]

Okay what is so hard about figuring these out????
1. Aggravated Child Abuse - Duct tape over nose and mouth
2. Cruel Crime - Duct tape over nose and mouth
3. Premeditation - 3 separate pieces of duct tape over nose and mouth
4. Under the age of 12 - Caylee was 2 years old
5. In mother's care - Caylee did not walk off by herself and end up dead

In absence of any other explanation it appears KC is responsible. No other person has been found to verify that Caylee was last seen by anyone other than KC.

If defense cannot figure out the charges it's because they can't figure out how to reconstruct KC stories (all of them) to make it appear she is not responsible. Good luck guys. jmo

 

[Marina2]

I think the defense is pushing for some evidence in particular that they suspect the state has. They want it sooner rather than later. I wonder what it is they are so scared of.

 

[Aedrys]

So does this motion mean that a hearing can be called just so HHJP can put Baez and Cheney in the corner for a timeout?

I would pay to watch that, btw.

 

[Schmerty_Jones]

So does this motion mean that a hearing can be called just so HHJP can put Baez and Cheney in the corner for a timeout?

I would pay to watch that, btw.

Can't Andrea fit in that corner too.?:waitasec:Oh you in your small corner & I in mine!

 

[logicalgirl]

Nice mental picture A Defense TO!


:floorlaugh::floorlaugh:

 

[Bittiness39]

So does this motion mean that a hearing can be called just so HHJP can put Baez and Cheney in the corner for a timeout?

I would pay to watch that, btw.

After watching my 3 and 5 year old nephew in a "timeout" I would definitely pay to see JB in one...Cheney gets a small pass from me for now...but the next timeout for him will be double the time.

This whole complaining about the aggravators is code for: prove how Caylee died. At KC's hands. From evidence and not conjecture.

I think Friday's document dump (assuming it will be tomorrow) should be fun...for fans of the prosecution... Now I will escape back to the blanket thread BJB started...because I think I understand something that may come back to bite the defense in the proverbial...rear.

 

[CarolinaMoon]

What is REALLY surprising, to me, is that Cheney seems to be doing the same thing. I would think that with his years of experience, he would be above that and know better. :waitasec:

I want to see the missing page, to see if this motion is Cheney's or Baez's. I suspect that it is Cheney's. It has case law. :crazy:
.

The version I have is three pages with the second page ending with an incomplete sentence.

Third page is signed by Jose Baez.

BTW the last bunch of DP motions were posted roughly 2 weeks before they were filed!

 

[eaglemom]

http://www.cfnews13.com/uploadedFil...ate's Notice of Aggravating Circumstances.pdf

4th page signed by JB with marks for AL and CM

 

[countzero]

Here we go again. WFTV has a copy of the motion, http://www.wftv.com/pdf/23621475/detail.html

now, cfnews13 has another version .........

http://www.cfnews13.com/uploadedFil...ate's Notice of Aggravating Circumstances.pdf

Has the heat gotten to me??????

No case law cited, nor attached. No big surprise there either.

 

[countzero]

http://www.cfnews13.com/uploadedFil...ate's Notice of Aggravating Circumstances.pdf

4th page signed by AL, CM and JB

Too funny :crazy: .... we both saw around the same time!

 

[CarolinaMoon]

The new ones up have the stamp of the Clerk of the Court. Apparently, Jose "leaked" his "rough draft" instead of the final copy!

 

[countzero]

The new ones up have the stamp of the Clerk of the Court. Apparently, Jose "leaked" his "rough draft" instead of the final copy!

lol, which begs that nagging question ........ DID JB sent HHJP his courtesy copy PRIOR to filing with the clerk of the court? Hummmmm..............