2010.09.27 Status hearing - Ext to 2010.11.19

[logicalgirl]

What could possibly be the ulterior motive Baez (Casey) has for wanting her to sit in on the Depos of the Jail people???
She does not want to attend her own Status Hearings and she has never sat in on any other depo (don't know if she is allowed to or not) so why this one...the excuse provided is not a compelling one...they could show her pictures with the names underneath.

She's lonely and needs a day out among folks she knows?:waitasec:

 

[Intermezzo]

Did anyone catch that Baez and Mason said they were going to fly to New York to have a meeting with Linda Kenney Baden?
They better not send the JAC an invoice for their travel expenses when they can teleconference or Skype...or she can come to Florida..where the prisoner lies(literally and figuratively) and the where the case will be tried...

 

[Dear Prudence]

And that might be true. Or it might be all hot air. Either way if the 23k estimate is accurate then it just means the same documents relate to many witlessness. Which if you're smart you give a section of discovery to each team member. They go through and tag for certain relevancy so you don't have to have each team member individually review documents over and over. It's never good to continually reinvent the wheel. It's all about "KISS".

Or you assign certain issues to certain team members. It sounds like they're duplicating their work when they don't have to.

How does Baez get to 23,000 documents when all the discovery released is numbered by page and it has not even reached 23K pages? Maybe he's including all of his documents also, don't really know but find his ranting that there's so much discovery he can't get things done a very poor excuse.

Like you explain so well, there are ways to tackle that much information in a logical and expedient way. I think Jose (or Casey for that matter) did themselves a disservice by adding attorneys from out of state to the team (Linda Kenny-Baden, Todd Macaluso, Andrea Lyon.) It prevented them from easily dividing and conquering the mass amounts of witnesses to depose, and now they're paying the price, especially with the revolving door of attorneys. JMO.

 

[Gaia713]

Ain't it the truth! If I were her I wouldn't give that man up for anything...he's her ticket to an appeal. I swear I've never seen anything like him...unorganized, inept, somewhat uneducated, and completely out done by the SA. It is so obvious he is completely out of his league but that is exactly what will work in KC's favor.

Appeals are not granted for "bad" lawyering, they are granted for "ineffective." He's been out there talking and hiring experts, not just sitting on his posterior. She can fire him at any time. Look at all the experts he's dragging into this. All his whining for iscovery. That's not ineffective. Plus she has Mason, who has a decent reputation. LKB and the two new ones. She has almost as many attornies as OJ had.

 

[beach]

And they should! When I prepare for trial I sure as hell work late nights and weekends. The amount of hours you put in for trial prep is unreal! And so should they!

I worked late nights and weekend for WEEKS before trials MUCH smaller than anything remotely close to this. I don't know any decent attorney/paralegal team that doesn't. That is part of the job and to be expected.

I don't get the whining about Saturday depos since they haven't been able to meet the deadlines. Deadlines are everything and you SHOULD expect to be zapped hard if you don't meet them.

 

[JSR]

I know what you're saying and you are correct. However, you work with a HUGE firm that handles big cases. Baez can't even hold on to even one partner, doesn't have one competent paralegal and has NEVER handled a case 1/100th the size of the cases your firm has handled.

For instance, when they did the depos of the 35 LE in one day ( ) I seriously doubt they reviewed 23,000 docs in TOTAL, much less 23K for EACH one of them. Honestly, after listening to CM and JB, in all seriousness, I doubt they have reviewed 23,000 docs during the past 2 years. And, yes, they are most certainly lazy. There are 5! attys. on the defense team now. There is ZERO reason they can't divide up these tasks and stay on schedule.

You are correct and I'll give JB the benefit of the doubt that this is his first big case. Which only means his first big case shouldn't be a death penalty case.

And I totally agree with you Beach there is zero reason this team of 5 attys can't stay on task. And I hope Honorable Perry keeps their feet to the fire about staying on track. Otherwise if it were up to the defense it would be another 5 years before a jury heard this case.

 

[JSR]

I worked late nights and weekend for WEEKS before trials MUCH smaller than anything remotely close to this. I don't know any decent attorney/paralegal team that doesn't. That is part of the job and to be expected.

I don't get the whining about Saturday depos since they haven't been able to meet the deadlines. Deadlines are everything and you SHOULD expect to be zapped hard if you don't meet them.

Beach that's because you're competent

I remember one hellish day of trial prep that I worked 19 hours in one day. 19 grueling hours.

If JB doesn't want to work long hours then he should get into some other profession.

 

[Kat]

Off topic, but I am a middle aged Mom that has 3 kids still at home, a Husband that's gone more than he's here (military carp) a dog, a house to keep, 4 grown children to field calls from several times a week a piece, volunteering 20 to 30 hours outside the home every week, and various and sundry errands every-single-day.

And I have time to read the discovery.

JB don't? What gives? Just JKing.

On topic: thanks everyone for posting what was said today. I deeply appreciate it.

 

[JSR]

How does Baez get to 23,000 documents when all the discovery released is numbered by page and it has not even reached 23K pages? Maybe he's including all of his documents also, don't really know but find his ranting that there's so much discovery he can't get things done a very poor excuse.

Like you explain so well, there are ways to tackle that much information in a logical and expedient way. I think Jose (or Casey for that matter) did themselves a disservice by adding attorneys from out of state to the team (Linda Kenny-Baden, Todd Macaluso, Andrea Lyon.) It prevented them from easily dividing and conquering the mass amounts of witnesses to depose, and now they're paying the price, especially with the revolving door of attorneys. JMO.

I will give them a benefit of the doubt that not all 23k worth of documents are actual discovery released by the state. It's possible it could be from other research. But still there are ways to make document reviewing easier.

 

[logicalgirl]

Let me ask a really obvious question here that I could see HHJP was just clenching his teeth not to say.

How do you expect to meet your October 31st deadline, which is in 34 days, if you don't even know how many depositions you have left to do? How - HOW - HOW? :banghead::banghead::banghead:

 

[beach]

You are correct and I'll give JB the benefit of the doubt that this is his first big case. Which only means his first big case shouldn't be a death penalty case.

And I totally agree with you Beach there is zero reason this team of 5 attys can't stay on task. And I hope Honorable Perry keeps their feet to the fire about staying on track. Otherwise if it were up to the defense it would be another 5 years before a jury heard this case.

in re. bold - In a nutshell, that is the WHOLE problem. THE reason the discovery process is in such a huge mess. HHJP is gonna have to stick to his guns if this case is gonna go to trial in May.

 

[JSR]

Let me ask a really obvious question here that I could see HHJP was just clenching his teeth not to say.

How do you expect to meet your October 31st deadline, which is in 34 days, if you don't even know how many depositions you have left to do? How - HOW - HOW? :banghead::banghead::banghead:

Because JB isn't a very effective case manager. I cringe at the thought of watching him bumble through the trial. And when the amount of evidence will be even larger than it is now. At this point he should know this case backwards and forwards. And if he doesn't someone on the team needs to.

 

[beach]

Let me ask a really obvious question here that I could see HHJP was just clenching his teeth not to say.

How do you expect to meet your October 31st deadline, which is in 34 days, if you don't even know how many depositions you have left to do? How - HOW - HOW? :banghead::banghead::banghead:

I was in the same exact zone as Judge Perry. He is thinking the same, EXCEPT he is the Judge and he has set the deadlines. He just knows they best figure a way to get 'er done. If they really worked, they could. There are 5 attorneys....it can be done. But they will have to work nights and weekends. They get to sleep after Nov. 1.

 

[ExpectingUnicorns]

I didn't understand the part about RK. What was all that about and did I hear HHJP say something to the effect of "that's assuming everything in the documents is truthful"?

 

[tygomuk]

If JB and CM are travelling to NY to meet with LKB then why cannot they attempt to depose TL at the same time?

 

[beach]

Because JB isn't a very effective case manager. I cringe at the thought of watching him bumble through the trial. And when the amount of evidence will be even larger than it is now. At this point he should know this case backwards and forwards. And if he doesn't someone on the team needs to.

You know what I really don't get? The TOTAL lack of respect Baez has for deadlines. I've never seen anything like it. It was drilled into my head for years that you don't miss deadlines. It just is not an option. Figure it out and make it happen.

I have missed one deadline over 13 yrs and I remember it like it was yesterday. I had put a small case on the back burner while I was busy putting out bigger fires. I noticed it 45 min. after court had closed on a Friday. My boss was out of town and I had to call him. uke: I called him bawling and groveling...apologizing ad nauseum. He was wonderful...placed a call to the Judge and got an extension over the phone. Then he called me back to calm me down. lol That happened 8 yrs. ago and I still feel queasy when I think about it. lol

I just feel like I went to confession typing that :blushing:.....and it doesn't seem to phase Baez in the least.:waitasec:

 

[sleutherontheside]

Did anyone catch that Baez and Mason said they were going to fly to New York to have a meeting with Linda Kenney Baden?
They better not send the JAC an invoice for their travel expenses when they can teleconference or Skype...or she can come to Florida..where the prisoner lies(literally and figuratively) and the where the case will be tried...

Oh I am sure there will be a few media visits added in there as well. I need to go back and listen to the hearing again...because when JB was speaking about their meeting with LKB, he changed the direction of his comment mid stream.

It was very subtle but he made a very quick change in direction. As much as that man flubs and flounders, IMO he realized he was about to give something away.

IMO, it has something to do with the expert witnesses and NOT for the reason he gave.

 

[Dear Prudence]

I didn't understand the part about RK. What was all that about and did I hear HHJP say something to the effect of "that's assuming everything in the documents is truthful"?

The defense filed a motion to allow "prior bad acts" to be admitted as evidence in trial against the witness, Roy Kronk. Link to the motion: http://www.ninthcircuit.org/news/Hi...nce Pertaining to Roy M Kronk 11-18-2009.pdf

LDB says she can not argue the motion because she has not been able to depose some of the witnesses to Kronk's supposed bad acts. Judge Perry said for the purpose of whether the evidence will be allowed in trial, just assume the witness statements are true, and then argue what the law allows into trial.

 

[salvarenga]

Article on the "world renowned" Touch DNA expert that is relocating to Denver per JB:

http://www.denverpost.com/news/ci_12102408

 

[Aedrys]

Off topic, but I am a middle aged Mom that has 3 kids still at home, a Husband that's gone more than he's here (military carp) a dog, a house to keep, 4 grown children to field calls from several times a week a piece, volunteering 20 to 30 hours outside the home every week, and various and sundry errands every-single-day.

And I have time to read the discovery.

JB don't? What gives? Just JKing.

On topic: thanks everyone for posting what was said today. I deeply appreciate it.

I so totally hear you. I have a full time job, a night job with three classes I teach, and I am moving into a new house this week while helping the previous owners (my in laws) move out of the same house and into their new house. I think I still know more about this case than he does.

Cry me a river, Jose. Just get the dang work done and quit whining like a spoiled child. Oh you have to work weekends! I feel SO SORRY for you!