2010.07.15 Defense motion to protect phone call of Robin Lunceford

[ThinkTank]

I think personally, in law, that motions are notoriously filled with "untruths". I know we think it should be otherwise, but my experience with "motions" tells me otherwise. What gets me, this is Baez's personal motion when you look and think about it. I don't remember how the motion reads, but it usually states it's the defendant's motion...Casey brings it before the court. Can someone refresh my memory, was it "technically" her motion?

"JB's Motion start with "COMES NOW, CASEY ANTHONY by and through undersigned counsel, provides the following information ...."

Usually the Defense motions are signed by all the Defense attorneys.
These Motion related to the Lunceford recordings are ONLY signed by JB.

 

[ThinkTank]

Also I know that the spokesperson for the Orange county SA said it would be some time before we see these tapes in a document dump. But that is them coming from the SA's office. Id there any chance we would see them released sooner via a direct foi request from the prison? It after all is their public records.

I've been trying to make that request, but the Inspector General's office replied that they will only give a transcript of the audio tapes. I am waiting for a reply directly from Lowell Annex ....

I'm sure the media (aka Kathi B) will get the tapes as soon as is humanly possible!

Kathi B. reported previously that the prison said the media could not have them because of an ongoing investigation ... I do not know when that stay will be lifted?

 

[truckengirl]

:woohoo::woohoo::woohoo: I love me some Judge Perry!!!!!!!!!!!!!!!!!!!!

 

[cyberborg]

I hope Judge Perry has initiated something to stop JB's madness!

I think that he has .... and he is called HHJP. HHJP is so better suited to deal with JB and his antics than HHJS ever was.

It was the BEST move that the Defense have ever made and, with a fair but firm hand it will serve to keep JB in line and minimize future appeals.

JB and ICA have never understood the concept of boundaries and accountability never mind honesty and integrity.

It is all a game to them ... some they win (passing notes) and some they lose (key motions) but they are in it to play the system for all they are worth.

 

[cyberborg]

HHJP is not very subtly putting JB in his place and putting him on notice. Actually the simple fact that he made this ruling without a hearing, and then added that less than gentle slap to the defense clearly communicates his displeasure to all. He looked into the matter, he was not pleased with what he found. And the attorneys involved are hereby put on notice that they should not be wasting the judges time on matters that they should very clearly already be familiar with. Most typical sane lawyers would be shaking in their shoes seeing such a ruling come down, fearful that they had compromised their standing before the court and as a result damaged their clients case through their actions. Sadly JB is not a typical sane lawyer. The rather clear message in the ruling will be completely lost on him.Just as all the previous messages have been.

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

BBM. Well said!

Reality check. Both JB and the A's seem to be harming ICA's case more than helping. JB fanned the flames from the very start and had many many opportunities to make this a lesser crime and be done with it.

JB and ICA are a very dangerous liason ... neither wants to admit the truth and would rather defiantly martyr themself than reveal a lie. They build lies on lies IMO.

Just like ICA, JB is walking all of the way down that corridor at Universal before he will turn and see the wake of damage behind him that impacted ICA's trial and ensured her fate ...... (maybe).

 

[Gypsy Road]

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

BBM. Well said!

Reality check. Both JB and the A's seem to be harming ICA's case more than helping. JB fanned the flames from the very start and had many many opportunities to make this a lesser crime and be done with it.

JB and ICA are a very dangerous liason ... neither wants to admit the truth and would rather defiantly martyr themself than reveal a lie. They build lies on lies IMO.

Just like ICA, JB is walking all of the way down that corridor at Universal before he will turn and see the wake of damage behind him that impacted ICA's trial and ensured her fate ...... (maybe).

And you said it well yourself! JB pushes it to the limit just like ICA! You hit the nail on the head. I love your analogy!

 

[Kathy1964]

HHJP is not very subtly putting JB in his place and putting him on notice. Actually the simple fact that he made this ruling without a hearing, and then added that less than gentle slap to the defense clearly communicates his displeasure to all. He looked into the matter, he was not pleased with what he found. And the attorneys involved are hereby put on notice that they should not be wasting the judges time on matters that they should very clearly already be familiar with. Most typical sane lawyers would be shaking in their shoes seeing such a ruling come down, fearful that they had compromised their standing before the court and as a result damaged their clients case through their actions. Sadly JB is not a typical sane lawyer. The rather clear message in the ruling will be completely lost on him.Just as all the previous messages have been.

Hopefully, this is not the beginning of the defense trying to get rid of Judge Perry

 

[ThinkTank]

Well, JB called the State Prosecutor liar when he was doing his media bit with JVM ... and apparently now he is also calling Judge P. a liar - because Judge P. said in his Order, that JB is the one who pushed "1" to continue the call, and JB's voice can be heard to answer.

http://transcripts.cnn.com/TRANSCRIPTS/1007/30/ijvm.01.html
ISSUES WITH JANE VELEZ-MITCHELL
Kaine Horman Speaks Out About Missing Son; Casey Anthony Gets a Psychologist
Aired July 30, 2010

excerpts:

BAEZ: Well, I think it`s outrageous for them to make that claim. I`ve stated early on that the call was forwarded two places -- it was initially placed to my office and transferred to my secretary`s cell phone because it was an after-hours call. My secretary then transferred the call to my cell phone.

It`s come to my attention that there is a recording that states that it`s coming from a correctional institution. I don`t have any cause to doubt the prosecutor in that. But she makes the assumption that I was the person who, of course, pressed one to accept the call which is -- as I stated in my pleadings that I do not recall hearing any such recording. So to make that assumption is outrageous.

And I don`t go so far as to make those claims about the prosecutors. But unfortunately, they feel the need to do so especially in a motion that they are not taking a position on.

 

[QB.]

Oooooo! Where did you read this? I am so happy the motion has been denied! Wonder when we will get to hear it?

Oh sorry, forgot to post the source for that being the clerk's office. Unfortunately you can't link there because the link times out.

 

[Gypsy Road]

Well, JB called the State Prosecutor liar when he was doing his media bit with JVM ... and apparently now he is also calling Judge P. a liar - because Judge P. said in his Order, that JB is the one who pushed "1" to continue the call, and JB's voice can be heard to answer.

http://transcripts.cnn.com/TRANSCRIPTS/1007/30/ijvm.01.html
ISSUES WITH JANE VELEZ-MITCHELL
Kaine Horman Speaks Out About Missing Son; Casey Anthony Gets a Psychologist
Aired July 30, 2010

excerpts:

BAEZ: Well, I think it`s outrageous for them to make that claim. I`ve stated early on that the call was forwarded two places -- it was initially placed to my office and transferred to my secretary`s cell phone because it was an after-hours call. My secretary then transferred the call to my cell phone.

It`s come to my attention that there is a recording that states that it`s coming from a correctional institution. I don`t have any cause to doubt the prosecutor in that. But she makes the assumption that I was the person who, of course, pressed one to accept the call which is -- as I stated in my pleadings that I do not recall hearing any such recording. So to make that assumption is outrageous.

And I don`t go so far as to make those claims about the prosecutors. But unfortunately, they feel the need to do so especially in a motion that they are not taking a position on.

Oh please Mr. Baez! "I do not recall hearing any such recording". Give me a break. Sorry, the selective memory excuse didn't work out for you this time, did it!? Heck, I've said this before and I will say it again. I could eat a bowl of alphabet soup and carp out some better excuses than JB!

 

[QB.]

Even JP says in the order that JB doesn't give opinion etc. so why did JB fight to seal this?
There is no indication that he even said anything embarrassing.

 

[countzero]

I would just like to know when JB and crew will realize that his magic tricks using smoke and mirrors won't work on HHJP anymore than they will if he changes careers and tries this in a seedy Las Vegas hotel.

Two years later, JB is still pushing the envelope with the state. But now with this DENIED decision from HHJP JB better understand quick his antics won't be tolerated any further.

 

[Nore]

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

BBM. Well said!

Reality check. Both JB and the A's seem to be harming ICA's case more than helping. JB fanned the flames from the very start and had many many opportunities to make this a lesser crime and be done with it.

JB and ICA are a very dangerous liason ... neither wants to admit the truth and would rather defiantly martyr themself than reveal a lie. They build lies on lies IMO.

Just like ICA, JB is walking all of the way down that corridor at Universal before he will turn and see the wake of damage behind him that impacted ICA's trial and ensured her fate ...... (maybe).

--------------------------------------
You are so right!! How does that song go ~ "you gotta know when to hold 'em
know when to fold".:dance:

 

[The World According]

Even JP says in the order that JB doesn't give opinion etc. so why did JB fight to seal this?
There is no indication that he even said anything embarrassing.

I am interested in what in the world too, Mrs. Drane-Burdick made no mention of his assertion that the two of them had talked about going to the prison to depose this prisoner.
My husband and I can talk about his mother moving in. That sure doesn't mean it is going to happen. Indeed I am sure she has had to sit through quite a bit of talks of nonsense with Jose, and try not to laugh aloud. Wow!

I wonder why Jose doesn't understand the reason the prosecutor doesn't "Take a position" on this phone call being released is the same reason now it has been for the two years the case is going on. THE ADA has literally stood in court and said, "We don't have a dog in this fight", whether things get released to the public/press is by Florida statute not something the DA's office has discretion over. She has said we don't want to release things to the public, we are required to do so, by law. So very often he has used words like the State released or leaked things to the media, as if Jeff and Linda being shady or doing something outside of the rules.

He just never learns. Having seen her in action for two years, he should have known she is very thorough, if she adds something to her motion , one can safely assume she has heard it for herself. She has been doing this for twenty years, she isn't going to argue the facts first and check them second, as the defense does. So, hello...Come in Tokyo....Jose don't make such asenine statements that she is "Outrageous" when by your own admission YOU haven't heard the comprehensive recording. Good grief.
I like the way the judge is cutting down the dog and pony show and ruling without the unnecessary theatrics. He is all about moving this ball down the court.:dance::dance: If this would have went to hearing, Mrs. Drane Burdick would have mopped the floor with this nonsense. She has very very professional manners, we can read between the lines of what she and the judge think Baez is playing dumb and not being honest! Unless his goal is to get removed from this case...this little stunt was just plain dumb! MOO

 

[heartfortruth]

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

BBM. Well said!

Reality check. Both JB and the A's seem to be harming ICA's case more than helping. JB fanned the flames from the very start and had many many opportunities to make this a lesser crime and be done with it.

JB and ICA are a very dangerous liason ... neither wants to admit the truth and would rather defiantly martyr themself than reveal a lie. They build lies on lies IMO.

Just like ICA, JB is walking all of the way down that corridor at Universal before he will turn and see the wake of damage behind him that impacted ICA's trial and ensured her fate ...... (maybe).

I see JB more as thinking he can play the Johnny Cochran "game".....it's just that , uh, he ain't no JC. imo

 

[RR0004]

Even JP says in the order that JB doesn't give opinion etc. so why did JB fight to seal this?
There is no indication that he even said anything embarrassing.

Well, could it be that it's all just one big distraction? He's gotten the public's attention now hasn't he? It seems as though we're talking more about him than his client...which IMO could be exactly what he wants. I know that this would require brain power to think out (maybe I'm giving JB too much credit)...but it's possible. What Jose doesn't realize is we (I) could give two hoots about what happens to him in the long run. We are more interested and concerned with how this will impact the trial...and any future appeals. The very last thing we want is for something to interfere with a conviction. My question is, could JP view this as JB making a mockery of the legal system and as result it (his behavior) interfering with a proper defense? Will potential jurors be tainted and more likely to remember his face than his client's?

 

[ynotdivein]

Love that the order of enumeration goes not from "first" to "second" to "third," but from "First," to "Moreover," to "Furthermore." It's the linguistic details that make it so delicious.

 

[logicalgirl]

Love that the order of enumeration goes not from "first" to "second" to "third," but from "First," to "Moreover," to "Furthermore." It's the linguistic details that make it so delicious.

Precisely! Love it!

 

[logicalgirl]

Well, could it be that it's all just one big distraction? He's gotten the public's attention now hasn't he? It seems as though we're talking more about him than his client...which IMO could be exactly what he wants. I know that this would require brain power to think out (maybe I'm giving JB too much credit)...but it's possible. What Jose doesn't realize is we (I) could give two hoots about what happens to him in the long run. We are more interested and concerned with how this will impact the trial...and any future appeals. The very last thing we want is for something to interfere with a conviction. My question is, could JP view this as JB making a mockery of the legal system and as result it (his behavior) interfering with a proper defense? Will potential jurors be tainted and more likely to remember his face than his clients?

I don't think it's a distraction - I think it is what it is.

It just struck me that Baez always makes a move as it he is a desperate man who has his back up against a wall, fighting his enemy. It's as if he knows he won't survive so it's an anything goes battle (think those old swashbuckling sword fight scenes, if you can stomach it) - a fight to the death.

I know his client is facing the death penalty. But the way Baez is fighting this case it may very be his own professional death he is creating.

 

[beach]

I LOVED Perry's zinger to Baez on page 2 of this order. Perry said something like "the Court is confident that defense counsel is by now familiar with Florida's Public Records Act...see previous order denying motion to seal jail visitation logs".

Oh, SNAP!!!!!!

Translation: stop this nonsense, Mr. Bahyez!

SNAP!!!! is exactly right. :slap:

HHJP is not very subtly putting JB in his place and putting him on notice. Actually the simple fact that he made this ruling without a hearing, and then added that less than gentle slap to the defense clearly communicates his displeasure to all. He looked into the matter, he was not pleased with what he found. And the attorneys involved are hereby put on notice that they should not be wasting the judges time on matters that they should very clearly already be familiar with. Most typical sane lawyers would be shaking in their shoes seeing such a ruling come down, fearful that they had compromised their standing before the court and as a result damaged their clients case through their actions. Sadly JB is not a typical sane lawyer. The rather clear message in the ruling will be completely lost on him.Just as all the previous messages have been.

Very well stated, faefrost.

JB best heed the tone of this Order because it is very, very clear to me and totally explains that incredulous look when HHJP raised his eyebrows and cocked his head when he was advised by LDB that the prison had recorded this call. JB is doing himself nor his client any favors by PO'ing the Judge like this.

To put the ridiculous nature of JB's motion into perspective, the portions that Judge Perry bolded and italicized are the most BASIC rules of FRCP (Florida Rules of Criminal Procedure). It was akin to saying, "Don't even play this silly game and waste my time like this you fool!" In an intro paralegal course, these are some of the very first things you learn in re. work product and attorney-client privilege. As a paralegal, I am bound by the same rules since I am "staff" and have knowledge of confidential material and strategy. I have no doubt that as dumb as JB plays, even he KNEW this, as Judge Perry opined in his Order. Trust me, there is no way he could have passed any bar exam w/o knowing and understanding these basic rules.

What is lost on me is why JB even tried to stop the release. If it is really RL ranting on and on and JB didn't say anything embarrassing, why care? If he was going to lie about it, he should have just said, "Yeah, I took the call. I had no idea what the inmate wanted....I thought maybe she was looking to hire me. Of course, as I listened to the call, I discovered otherwise."