2010.12.22 Prosecutors Call for Sanctions Against the Defense

[A_News_Junkie]

You know what, the last new deadline aside, JB wasted all that time playing email games with JA instead of complying with court orders, and then tries to tell the judge how he tried to get all these CDs and whatnot after the fact...good grief! I'm not even making sense at this point.

That and reading blogs and posts at WS!

 

[LancelotLink]

That and reading blogs and posts at WS!

:lol:
Ok. Well, that is a time sucker. However, I don't expect JAC to pay me for this pleasure.
Ya'll think CM knows what :lol: means yet?

 

[The World According]

I get a giggle every time I hear HHJBP going to the next motion.
CM: "Dealing with character evidence."
HHJBP: "History of Lyin' or Stealin'?"

Friend, I laughed so hard I woke up my husband and my BullMastiff!

 

[LancelotLink]

Friend, I laughed so hard I woke up my husband and my BullMastiff!

We need a thread for favorite quotes!!!
You woke up a Bullmastiff??? You must have a laugh like Ricky Ricardo!!!!

 

[beach]

For clarity and reference, I transcribed the portion of the hearing where HHJP imposes sanctions. Everything re. the bullets is verbatim, per HHJP.


Rule 3.220 deals with the rules of discovery in criminal cases

Specifically designed to eliminate trial by ambush. Purpose is that both sides can thoroughly be aware of what each side will be presenting and there will be no “surprises”.






This court finds that the defense is in willful violation of the court’s order in not complying with the discovery. The court finds that it is highly unlikely that the defense has no idea that these expert witnesses, retained at taxpayer’s expense, as to what these witnesses will be testifying to. Pursuant to rule 3.220(n) of the FRCP, the court will order the following:

• Expert witnesses shall provide written reports to the State of Florida within 7 days of the days of the date of this order. The reports must contain the following:

1. A complete statement of all opinions the witness will express and the reasons for them.
2. Any data or other information considered by the witness in forming or conclusions.
3. Opinions not expressed in the written reports provided to the State of FL and/or at depos taken during discovery in this case will NOT be allowed to be testified to at trial. In short, if an opinion which is not expressed in the report or deposition, that opinion will be disallowed at trial.
​

• As a sanction for the violation of the court’s order, the court will assess the costs incurred by the State of Florida in bringing this motion, including the time brought and reasonable attorney’s fees, to be assessed against lead counsel, Mr. Baez. The State should fill out that affidavit of costs, submit it to the court with a copy to the defense; the defense shall have 5 days to contest that amount in that, and then the court will enter a final order as to the costs that will be paid.

Excuse the formatting. I copied from Word and it didn't transfer well here.

 

[LancelotLink]

Thanks, Beach! We need to set that to music!
I am listening to the hearing again. CM continues to not amaze me with his shuck and jive double speak. After trying to completely turn all complaints back on the state, then calling for calm, then pleading that they did the best they could, he then has the temerity to say the pleading JB turned in was just fine.

 

[manatee]

For anyone who still wonders why AL and LKB left this team, you only had to watch these two in Court today.... the words Dumb and Dumber come to mind.

"LOL"! the best part is that CM thought he won by having the table on the side wall...LOL! now he and ICA and JB will be facing the camera and the Jury! no way! bonus! :great: I bet they will change their minds by next court date :crazy:

 

[LancelotLink]

Wonder if HHJBP had assessed a $500 a day fine if JB would be asking for 30 days.

 

[manatee]

Thanks, Beach! We need to set that to music!
I am listening to the hearing again. CM continues to not amaze me with his shuck and jive double speak. After trying to completely turn all complaints back on the state, then calling for calm, then pleading that they did the best they could, he then has the temerity to say the pleading JB turned in was just fine.

JMO...
It really seems like CM may be past his prime. I'm sure he was fabulous at some point but he should have retired while he was on top of his game. He does not seem sharp or all together there. His voice drags on. He seems forgetful and "absent minded." I don't think he has the ability anymore to handle a case such as this. It is sad to see that in a way because we are all headed for that at some point in our career. The important thing to remember is that we should leave our careers in good time before we start to make serious mistakes and our performance declines. I feel this is what's going on with CM :twocents:

 

[logicalgirl]

JMO...
It really seems like CM may be past his prime.

I'm sure he was fabulous at some point but he should have retired while he was on top of his game. He does not seem sharp or all together there. His voice drags on. He seems forgetful and "absent minded." I don't think he has the ability anymore to handle a case such as this. It is sad to see that in a way because we are all headed for that at some point in our career. The important thing to remember is that we should leave our careers in good time before we start to make serious mistakes and our performance declines. I feel this is what's going on with CM :twocents:

Let me just take a quick guess here however. I'm going to bet CM has never been organized - I don't believe you ever lose those skills/habits, even when you are well past your "best before" date.

 

[TotallyObsessed]

"LOL"! the best part is that CM thought he won by having the table on the side wall...LOL! now he and ICA and JB will be facing the camera and the Jury! no way! bonus! :great: I bet they will change their minds by next court date :crazy:

I hope not...we can watch to see if KC and JB play footsies under the table if they move!:great:

 

[The World According]

Thanks, Beach! We need to set that to music!
I am listening to the hearing again. CM continues to not amaze me with his shuck and jive double speak. After trying to completely turn all complaints back on the state, then calling for calm, then pleading that they did the best they could, he then has the temerity to say the pleading JB turned in was just fine.

I was out to breakfast the other day and I could not help but overhear this adorable grandpa sitting alone at the table next to me. He stole my heart from jump, due to his US Veteran hat and many pins he had on it. He was having a very, very hard time hearing the waitress and she was repeating the menu choices louder and louder to no avail. She asked if he could show her. He literally picked up the menu and had it just a couple of inches from his face, nearly touching his nose. The waitress, almost in anger ..yelled ....a bit in surprise, "And you DROVE here?!!!!"
That is how I take Cheney Mason, if you cannot hear, cannot focus, cannot recall what the judge just said, perhaps it is time to turn in your keys.
I believe he should be sanctioned too; because, he literally let us know HE believes that NO WHERE in the rules does it provide for the State to get a "script" of what his experts will opine. So, under his wise tutalege, Jose thought he was on safe ground thumbing his nose at the details of the judge's order. I blame him too, his name is on the documents. I do not know why they both were not sanctioned. Mr. Ashton made a reference to the idea that if there is shared responsiblility then there should be shared penalties. I concur, wholeheartedly, regardless of who sits in what chair, the fact of the matter is Mason is LEAD ATTORNEY, just by the sheer fact that Jose is not DP qualified. The judge often tells Jose to defer to Mr. Mason's wise counsel. He knew better than to submit those ridiculous responses. I hold him absolutely as responsible for them as Jose! Why did he get a pass?

the hearing
[ame="http://www.websleuths.com/forums/showpost.php?p=5963030&postcount=15"]Websleuths Crime Sleuthing Community - View Single Post - 2011.01.03 - Today's Current News **NO DISCUSSION HERE PLEASE**[/ame]

 

[TotallyObsessed]

I was out to breakfast the other day and I could not help but overhear this adorable grandpa sitting alone at the table next to me. He was having a very, very hard time hearing the waitress and she was repeating the menu choices louder and louder to no avail. She asked if he could show her. He literally picked up the menu and had it just a couple of inches from his face, nearly touching his nose. The waitress, almost in anger ..yelled ....a bit in surprise, "And you DROVE here?!!!!".
That is how I take Cheney Mason, if you cannot hear, cannot focus, cannot recall what the judge just said, perhaps it is time to turn in your keys.
I believe he should be sanctioned too; because, he literally let us know HE believes that NO WHERE in the rules does it provide for the State to get a "script" of what his experts will opine. So, under his wise tutalege, Jose thought he was on safe ground thumbing his nose at the details of the judge's order. I blame him too, his name is on the documents. I do not know why they both were not sanctioned. Mr. Ashton made a reference to the idea that there is shared responsiblility then there should be shared penalties.

TWA - I agree with you. However, I think it was out of respect for CM that the judge only named JB. That alone tells me exactly what JP thinks of JB as a practicing attorney in his court. However, JP gave some stiff admonitions that did include CM. He has been put on notice.

 

[A_News_Junkie]

I hope not...we can watch to see if KC and JB play footsies under the table if they move!:great:

Hey, just thought of something....... won't this table change have KC looking straight at the jurors and more important them looking at her and all her flirts? Whooooaaaaaah, "LOL" with that one CM!

 

[The World According]

TWA - I agree with you. However, I think it was out of respect for CM that the judge only named JB. That alone tells me exactly what JP thinks of JB as a practicing attorney in his court. However, JP gave some stiff admonitions that did include CM. He has been put on notice.

Thank you for helping me with that. I honest to God was floored when he only put it all on Jose.
[ame="http://www.websleuths.com/forums/showpost.php?p=5963030&postcount=15"]Websleuths Crime Sleuthing Community - View Single Post - 2011.01.03 - Today's Current News **NO DISCUSSION HERE PLEASE**[/ame]
I was disappointed, because Mason seems so blatantly to disrespect the judge too. I am glad you reminded me that the judge did let him know "Don't take it for granted", as if with a wink and a smile to say don't make me friend, please.

[ame]http://www.youtube.com/watch?v=pzYuWqWt8w0[/ame]

[ame]http://www.youtube.com/watch?v=cciQcDXIVzo[/ame]

 

[manatee]

Thank you for helping me with that. I honest to God was floored when he only put it all on Jose.
Websleuths Crime Sleuthing Community - View Single Post - 2011.01.03 - Today's Current News **NO DISCUSSION HERE PLEASE**
I was disappointed, because Mason seems so blatantly to disrespect the judge too. I am glad you reminded me that the judge did let him know "Don't take it for granted", as if with a wink and a smile to say don't make me friend, please.

The judge also had them approach the bench after the sanctions. I'm sure he made it crystal clear he would not tolerate this behavior in his court :rocker:

 

[Horace Finklestein]

I was out to breakfast the other day and I could not help but overhear this adorable grandpa sitting alone at the table next to me. He stole my heart from jump, due to his US Veteran hat and many pins he had on it. He was having a very, very hard time hearing the waitress and she was repeating the menu choices louder and louder to no avail. She asked if he could show her. He literally picked up the menu and had it just a couple of inches from his face, nearly touching his nose. The waitress, almost in anger ..yelled ....a bit in surprise, "And you DROVE here?!!!!"
That is how I take Cheney Mason, if you cannot hear, cannot focus, cannot recall what the judge just said, perhaps it is time to turn in your keys.
I believe he should be sanctioned too; because, he literally let us know HE believes that NO WHERE in the rules does it provide for the State to get a "script" of what his experts will opine. So, under his wise tutalege, Jose thought he was on safe ground thumbing his nose at the details of the judge's order. I blame him too, his name is on the documents. I do not know why they both were not sanctioned. Mr. Ashton made a reference to the idea that if there is shared responsiblility then there should be shared penalties. I concur, wholeheartedly, regardless of who sits in what chair, the fact of the matter is Mason is LEAD ATTORNEY, just by the sheer fact that Jose is not DP qualified. The judge often tells Jose to defer to Mr. Mason's wise counsel. He knew better than to submit those ridiculous responses. I hold him absolutely as responsible for them as Jose! Why did he get a pass?

the hearing
Websleuths Crime Sleuthing Community - View Single Post - 2011.01.03 - Today's Current News **NO DISCUSSION HERE PLEASE**

I was baffled by that too. I saw no reason for Mr. Mason not to be sanctioned. His vulgar, obtuse, and bizarre behavior should not go unpunished. I know that's not what the sanctions were about, but he should not have earned any special favors or treatment. Does he really have other trials going on? Why is he unwilling or unable to speak clearly? Why is he so fixated on what a "blogger" posts on a website about him? Is that really something that he needs to be concerned with?

 

[LancelotLink]

At the beginning, CM complained that the state just handed them 1,000 pages of discovery. Does this mean we get a doc dump?

 

[chefmom]

JMO...
It really seems like CM may be past his prime. I'm sure he was fabulous at some point but he should have retired while he was on top of his game. He does not seem sharp or all together there. His voice drags on. He seems forgetful and "absent minded." I don't think he has the ability anymore to handle a case such as this. It is sad to see that in a way because we are all headed for that at some point in our career. The important thing to remember is that we should leave our careers in good time before we start to make serious mistakes and our performance declines. I feel this is what's going on with CM :twocents:

ITA, Manatee! CM should probably have gone ahead and retired. He seems very unprofessional, IMO, when he makes certain statements that sound childish and bullyish. For example, when he was talking about the "blogger" calling him an idiot, he said that he would like to have a word with them but they didn't have the courage to face him. Really? All I could think about when I heard him say that was CM in a cowboy outfit, standing outside of a saloon calling out some "varmit" to face the music and take it like a man! Lol! And, the dig he made about getting "professional" transcript people. How rude! I'm sure the nice Florida transcriptionists are just lining up now to take down those recordings for him. He needs to zip his lip and sit this one out. JMO, of course.

 

[logicalgirl]

I hope not...we can watch to see if KC and JB play footsies under the table if they move!:great:

Yes, and Cindy will be able to sit closer to the front and make constant eye contact with her little girl ICA.
HHJP - :gthanks: