2010.07.01- Motion for Emergency Hearing

[beach]

OMFG. They might as well word a motion like this:

Dear Judge, I mean, your Honor:

Please just give us everything, bend all of the rules, and let us do all the digging and fishing we want. It's only fair we get to do this since we have no other way to defend our client. And our experts are so special, they need to look all evidence with no one else present but us so we can all get our stories straight, er defend our client's needs to the fullest.

P.S. Please don't be mad that Andrea left. We didn't like her anyway, and the ruffle shirts had to go, I mean, we are sorry to part ways, but it better serves our client's interests that she is no longer a part of this case in an official capacity, just as a consultant.

P.P.S. Jeff Ashton and Linda Drane-Burdick are big meanies, er, they aren't being fair at all to our client's interests so just pass this motion even though they tell you nothing but mistruths, we mean please pass this motion and disregard the argument of the SA.

P.P.P.S. Sorry for the confusion, we don't have our slaves, I mean Depaul law students, to write, no help us, with our motions anymore.

Signed,

Jose B. Good and Mason "Foghorn Leghorn" Cheney

I mean seriously! What will be next? I have a feeling HHJP is going to do a lot of glaring tomorrow...

x infinity!

 

[texaslb218]

JVM Andrea Lyon "up and quit"

 

[nums24]

Any clue who filed this motion for hearing....Baez...or Mason?

Not yet, I've re-read all the stories and the motion has not been posted yet.

My guess is Mason or Kenney-Baden.

 

[texaslb218]

Oops! JVM "well endowed defense" Do you think Jane reallllllly meant that term?

 

[beach]

Yep, just coach.

You beat me to it, merc! :highfive:


I was just gonna say, they better have a load of frequent flyer miles to burn or be sitting in the cheap seats!

 

[Mosby]

Unbelievable. After 2 years they are finally getting around to looking at the evidence.

Am I correct that "ex parte" means that the SA will not be there?

 

[JSR]

JSR;

Why an emergency hearing for this?

Haven't we been through this before here?

How do you think Judge Perry will feel about it?

Can you please 'splain?

I don't get the "emergency." Other than everyone has the time off to be there, and this could have been requested via other avenues, well, hmphhh.

It depends. I don't know the FL state court briefing schedules. I can tell you FL's Federal court briefing schedules. It could mean that there wasn't enough time to fully brief this issue in time for the evidence evaluation by their experts.

And other times you can have emergency or ex parte hearings because local or federal statues allow you to seek a remedy to your dispute immediately. Think protective orders for domestic situations or preliminary injunctions stopping a person/entity from doing something (it could be literally anything).

 

[JSR]

If I recall CM has been talking about special masters for a long time in dealing with evidence in this case. I'm not sure why he felt it needed to be done Ex parte before the hearing on the 15th though.

It depends on when they want their experts to review the materials. If they plan to have them review it before the 15th it would be too late to bring it to the Court's attention.

 

[marspiter]

That is all well and good, but these things can be handled within time frames, not called emergencies. This could have been filed way back, if they could get all the big shots on a schedule and know they have time off on a certain date, write it in the book, done. No emergency. No bothering Court time, just set a date, send a Notice and Motion in advance, and done. Judge issues Order set for x date. It takes some working out, but it happens every single day, in millions of legal offices of all kinds. See what I am asking? How is it an emergency? I got sick of this when Judge Strickland was sitting. If these high profile peeps have to play, pro bono and all that they are, schedule in advance, or have the Court appoint a local expert instead. Simple. Cost effective. Not so irritating. Who cares if the news gets to run it for 3 days while nothing else happens. JMO

Yes exactly what I was getting at. CM has been wanting to do this for some time. He's blabbed about it in court enough times. I just don't see why they felt now was a good time to do it and in an "emergency" session no less. This taking place so soon after Al announcing her departure also has me :waitasec:

What also has me :waitasec: is the fact that the defense waited until now to finally release a witness list. When they should have done shortly after the hearing where the witnesses were named.

 

[beach]

Okay, what I have been trying to say is this.

Just coordinate with everyone and file the crap on time, well in advance is preferred!

Never seen so many "emergencies" that don't exist before. Guess it is the "Hollywood experts" that are the problem.

I understand exactly what JSR is saying in re. the timing before a holiday weekend. We often strategize around things like this, too.

There is no "emergency" . This is simply strategy. HHJP will see it for exactly what it is. How he is going to react to it tomorrow, is what I am interested in seeing. :angel:

 

[DaughterAlice]

Do you mean the good tax paying citizens of Florida are flying these yahoo's in?

Sorry, no can do. Our van is due for it's 90,000 mile checkup. I can't buy airline tickets for ANYONE!!

Hey, I think we've got a Greyhound station somewhere . . . .

 

[JSR]

So, I just noticed this. JB is flying in these paid experts, then he will depose them on July 16-17,10. Wasn't JB and crew given complete disks, including Caylees autopsy photos, of the evidence and cried foul to HHJS stating his experts weren't computer literate. These experts were also given all the forensic evidence tests results as well.

Oh I can't wait to listen to Jeff A give him the whatnot, then HHJP.

But the defense is still entitled to review the material the state tested and provided results for. Technically they're entitled to review any evidence in person that the state has in its possession. Including but not limited to any plant life LE/FBI collected at the remains scene.

 

[beach]

Yes exactly what I was getting at. CM has been wanting to do this for some time. He's blabbed about it in court enough times. I just don't see why they felt now was a good time to do it and in an "emergency" session no less. This taking place so soon after Al announcing her departure also has me :waitasec:

What also has me :waitasec: is the fact that the defense waited until now to finally release a witness list. When they should have done shortly after the hearing where the witnesses were named.

All strategy and has really nothing to do with AL's motion to withdraw yesterday. IMO

Maybe LDB or JA is on vacation...anyone know? lol

 

[marspiter]

It depends on when they want their experts to review the materials. If they plan to have them review it before the 15th it would be too late to bring it to the Court's attention.

Which to me begs the question why haven't they done this sooner in stead of just dropping this like a bomb. Is the defense so unorganized that they couldn't have submitted this earlier? I mean it's been sometime since they named their witnesses in court.

lol I just realized what I said. Never mind I can answer that question.

 

[21merc7]

Don't feel bad marspiter, I just answered and re-answered myself via several posts. Just realize things come under different names in different places, while spewing I don't understand. Bedtime for me!

 

[strawberry]

If I understand this right, from watching the local news, the defense "Is flying in experts from all over the world in a few days to look at this evidence."

Ummm, so they just realized that LE would be watching? WTH????

Probably.

 

[beach]

It depends on when they want their experts to review the materials. If they plan to have them review it before the 15th it would be too late to bring it to the Court's attention.

I agree with what you are saying, JSR. Yet, I still say this is strategy. I think the defense has known the what and when - I think they just decided to 'spring it' now. Ergo, the reason for the Emergency hearing request, iykwim.

 

[JSR]

That wouldn't be prudent, they are messing with the wrong judge. News flash to the defense....you have a year still to spend with this judge,it matters if he respects you or not. Hello!!!! Come in Tokyo. Hello!!!

Snipped by me.

I couldn't agree more! My firm had a case where there were multiple defendants (we represented one). Many of the filings were jointly made by the "defendants" and sometimes all or only a few defendants would "jump" on the bandwagon of a particular motion. After a while all the motions the defendants submitted wore down on the Judge. And she tended to look at all the defendants the same (even if some of the defendants weren't apart of a particular motion). Needless to say it reflected horribly on all the defendants after 5+ years of litigation when it finally went to trial. It's really important to see the big view and stay in the good graces of a judge that will hear your case.

 

[strawberry]

Why doesn't the defense and their experts agree to communicate by text. That's what my teen does and she can be b*(ing up a storm about me right in front of me and I wouldn't know it.

 

[countzero]

But the defense is still entitled to review the material the state tested and provided results for. Technically they're entitled to review any evidence in person that the state has in its possession. Including but not limited to any plant life LE/FBI collected at the remains scene.

You're correct, as usual, thanks. I neglected to type that JB could and should have had these experts reviewing the forensic evidence and testing results LONG ago. Not days prior to deposing them.