2010.07.15 Defense motion to protect phone call of Robin Lunceford

[beach]

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.

You're straight on, ynot. If I were JB, I would be totally embarrassed by the tone of this Order. It was a verbal spanking.

 

[QB.]

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



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."

This is what escapes me too. I'm trying to find the logic in it. Maybe this just isn't logical and that's what's trippin me up. Sometimes I wonder if he wanted to bring more attention to it and therefore decided to ask for a protective order but then didn't fight too hard to get it so it would be released, thereby bringing more attention to it and the claims of RL.
But then again, maybe we need to actually hear the tape to really see what all the fuss was about.

 

[LoisDenominator]

Is it just me? When you are reading an order from Judge Perry - do you read it with his voice, pronunciations, and annunciations in your head? lol

I adore listening to that man. If I could get HHJP to record a bedtime story on my iphone, I'd give up my "ocean waves" sound machine, and never have another can't-fall-asleep night, ever...

Back to topic: the Order states "This matter came before the Court in Chambers on the Defendant's motion... After carefully considering the Motion, arguments of counsel, and the law..."

Does this mean that LDB and JB went to HHJP's chambers and argued this in camera? If so, why? Was the intent a private are-you-freaking-kidding-me of JB?

 

[beach]

I adore listening to that man. If I could get HHJP to record a bedtime story on my iphone, I'd give up my "ocean waves" sound machine, and never have another can't-fall-asleep night, ever...

Back to topic: the Order states "This matter came before the Court in Chambers on the Defendant's motion... After carefully considering the Motion, arguments of counsel, and the law..."

Does this mean that LDB and JB went to HHJP's chambers and argued this in camera? If so, why? Was the intent a private are-you-freaking-kidding-me of JB?

It is hard for me to tell exactly. The way it reads, it could be that Judge Perry read the motions and responses (and response to response ) and listened to the tapes in chambers and just ruled based on those. (The motions and responses also contained plenty of arguments, so that could be what he is referring to.) It doesn't specifically state that all parties met in camera for a private hearing. I'm really not sure. Maybe AZ can shed more light.

If I were a betting person, I would think he just considered the motion, responses and tapes w/o an in camera hearing.

 

[ThinkTank]

It still amazes me that JB admits knowledge of Inmates using contraband cell phones, yet has no concern about participating in phone calls in which this is a distinct possibility in his mind!!! And he KNEW that Inmate Lunceford was doing something she was not allowed to do, yet he willingly participated. He knew that the ex-inmate friend of Lunceford called him first, to set up the illegal call which happened next, within minutes. So, he was ever so willing to participate in shady (illegal) activities, he was just hoping they would not get caught at it. In my opinion.

 

[AZlawyer]

I adore listening to that man. If I could get HHJP to record a bedtime story on my iphone, I'd give up my "ocean waves" sound machine, and never have another can't-fall-asleep night, ever...

Back to topic: the Order states "This matter came before the Court in Chambers on the Defendant's motion... After carefully considering the Motion, arguments of counsel, and the law..."

Does this mean that LDB and JB went to HHJP's chambers and argued this in camera? If so, why? Was the intent a private are-you-freaking-kidding-me of JB?

It is hard for me to tell exactly. The way it reads, it could be that Judge Perry read the motions and responses (and response to response ) and listened to the tapes in chambers and just ruled based on those. (The motions and responses also contained plenty of arguments, so that could be what he is referring to.) It doesn't specifically state that all parties met in camera for a private hearing. I'm really not sure. Maybe AZ can shed more light.

If I were a betting person, I would think he just considered the motion, responses and tapes w/o an in camera hearing.

My guess is that either (1) his judicial assistant pulled up a form order and failed to delete "arguments of counsel" or (2) he just means that he considered the arguments set forth in the papers filed. If there was an argument in chambers, it would appear on the docket, as would the order setting the date and time for the argument and explaining the reason for it being held in chambers.

 

[tiff07]

It still amazes me that JB admits knowledge of Inmates using contraband cell phones, yet has no concern about participating in phone calls in which this is a distinct possibility in his mind!!! And he KNEW that Inmate Lunceford was doing something she was not allowed to do, yet he willingly participated. He knew that the ex-inmate friend of Lunceford called him first, to set up the illegal call which happened next, within minutes. So, he was ever so willing to participate in shady (illegal) activities, he was just hoping they would not get caught at it. In my opinion.

Yep, exactly.

 

[Aedrys]

I adore listening to that man. If I could get HHJP to record a bedtime story on my iphone, I'd give up my "ocean waves" sound machine, and never have another can't-fall-asleep night, ever...

Back to topic: the Order states "This matter came before the Court in Chambers on the Defendant's motion... After carefully considering the Motion, arguments of counsel, and the law..."

Does this mean that LDB and JB went to HHJP's chambers and argued this in camera? If so, why? Was the intent a private are-you-freaking-kidding-me of JB?

ROFL. I needed that laugh today. And I'm betting this in camera meeting took place in a bar with plenty of alcohol to go around. I know I'd need alcohol before talking about what Baez did this time.

I just don't get it. He fights a call where it's the other person ranting and it's not embarrassing to him. He says he doesn't remember hearing that recording when it's obvious HE pressed the dang 1 button from the menu. He seriously did a motion, lied in it, and the evidence was on the dang tape itself?

*facepalm* Is Baez even remembering what this case is about? Is he even remembering he's a lawyer? Is this the beginning stages of dementia for him? Seriously! I mean really, I thought the memory problems were CM's deal (along with faulty hearing aids).

I am just...wow. WTF is going on here? I personally can't wait to hear those tapes, and jeebus there must be something big coming on the horizon for Baez to do something completely idiotic like this. Wow.

Here it is again, TWA - YOU CAN'T MAKE THIS STUFF UP!

I am seriously considering making a t-shirt with this phrase on it. Lol.

 

[countzero]

Well, this latest colossal blunder of his did take the heat of questions off him about the experts reviewing the physical evidence. JBs timing is impeccable to say the least.

So JB .... who is jumping the sinking defense now ...... hummmmmmm ........

 

[DaughterAlice]

http://www.wftv.com/news/24477811/detail.html

 

[QB.]

I don't get it, maybe JB is better suited towards being a politician than an attorney. It is almost as if he doesn't expect anyone to check his BS and spin.

While that's the role of the Defense .... you need to do it selectively where there are an absence of facts and data that will quickly bite you back and further erode credibility. Don't bluff on something so easily and quickly debunked.

JB needs to check his equivalent of www.attorneyfactcheck.com

It reminds me of ICA. Could be we have 2 peas in a pod.

 

[cyberborg]

It reminds me of ICA. Could be we have 2 peas in a pod.

Birds of a feather.......

 

[JSV]

Phone calls to be made public

http://www.cfnews13.com/article/new...217;s-phone-calls-to-Baez-will-be-made-public

 

[tiff07]

Phone calls to be made public

http://www.cfnews13.com/article/new...ate’s-phone-calls-to-Baez-will-be-made-public

Hmm, so Baez continues to innefectively defend Casey imo, filing stupid motions and breaking the rules, where does this leave justice for Caylee? Can intentional incompetence become grounds for a mistrial or appeal and can the path Baez is travelling ie emerging questionable personal fiscal dealings see him disbarred? Would the rest of team Casey be able to represent her without him? Im growing concerned that the circus this has become is going to impede and prolong the trial.

 

[ZsaZsa]

Richard Hornsby's comments today-
"For about two years Jose Baez has been walking an ethical tightrope in the way he's handled this case and the representations he's made. What we are seeing is Jose Baez being knocked off the tightrope he's been walking.
The State was as diplomatic as they could be without calling him an outright liar."
He also says that Baez has damaged his credibility with HHJP by making the claim that he didn't know the call was being recorded.

Source- Wesh TV

 

[Omachka]

ROFL. I needed that laugh today. And I'm betting this in camera meeting took place in a bar with plenty of alcohol to go around. I know I'd need alcohol before talking about what Baez did this time.

I just don't get it. He fights a call where it's the other person ranting and it's not embarrassing to him. He says he doesn't remember hearing that recording when it's obvious HE pressed the dang 1 button from the menu. He seriously did a motion, lied in it, and the evidence was on the dang tape itself?

*facepalm* Is Baez even remembering what this case is about? Is he even remembering he's a lawyer? Is this the beginning stages of dementia for him? Seriously! I mean really, I thought the memory problems were CM's deal (along with faulty hearing aids).

I am just...wow. WTF is going on here? I personally can't wait to hear those tapes, and jeebus there must be something big coming on the horizon for Baez to do something completely idiotic like this. Wow.

Here it is again, TWA - YOU CAN'T MAKE THIS STUFF UP!

I am seriously considering making a t-shirt with this phrase on it. Lol.

Maybe it's mad cow. LOL Seriously, though, I am having a very hard time understanding what he's thinking with this. He even compounded things by going on a national TV program and basically calling the SA liars and saying that if the judge follows the law he will rule in his favor... what??? I don't get it. Still, I want to hear the phone call but I believe when the SA says there's really nothing on it... that's what makes it so perplexing. :banghead:

 

[BonKai]

http://www.youtube.com/watch?v=M5QGkOGZubQ&feature=related


:floorlaugh:

BRAVO! :clap: :bow:

 

[tiff07]

Richard Hornsby's comments today-
"For about two years Jose Baez has been walking an ethical tightrope in the way he's handled this case and the representations he's made. What we are seeing is Jose Baez being knocked off the tightrope he's been walking.
The State was as diplomatic as they could be without calling him an outright liar."
He also says that Baez has damaged his credibility with HHJP by making the claim that he didn't know the call was being recorded.

Source- Wesh TV

That's a much more eloquent way of phrasing it than I ever could. Can't believe Judge Strickland stood down over the MarinadeDave issue when it seems so very minor in comparison to Baez's behaviour.

 

[Firefly]

This explains it all.

Birds of a feather.......

 

[JSV]

Hmm, so Baez continues to innefectively defend Casey imo, filing stupid motions and breaking the rules, where does this leave justice for Caylee? Can intentional incompetence become grounds for a mistrial or appeal and can the path Baez is travelling ie emerging questionable personal fiscal dealings see him disbarred? Would the rest of team Casey be able to represent her without him? Im growing concerned that the circus this has become is going to impede and prolong the trial.

I agree with you .It also seems like they want justice for casey instead of Caylee .If that makes any sense .