One Trick Pony - A Compilation:
"I'm not going to defend Nilton Diaz," defense lawyer Jose A. Baez promised jurors during opening statements in Diaz's trial. "I'm going to prosecute Samaris Bobe Silva."
Defense lawyers
Baez and Jonathan Kasen said they intend to attack the state's case by assailing detective Dan Conlee for zeroing in too quickly on Diaz, by criticizing the work of a medical examiner and by accusing the young mother. They
pointed an accusing finger Tuesday at the slain toddler's mother, saying she had treated the 2-year-old like "an animal."
In his closing remarks, Diaz's lawyer,
Jose Baez, attacked prosecutors, sheriff's Detective Dan Conlee, the state's medical experts and the child's mother, suggesting they all distorted the truth in their pursuit of Diaz, the lone suspect in the toddler's death.
A jury of eight women and four men deliberated more than seven hours before deciding Nilton Diaz, 30, was guilty of manslaughter and child abuse. Diaz, who had been charged with first-degree murder and aggravated child abuse, seemed stunned by the verdict. He looked to his lawyer for an explanation.
Defense lawyer Jose Baez asked Circuit Judge Mark Nacke to set aside the verdicts,
arguing they were based on undependable, controversial and conflicting medical evidence. Baez said the prosecution's case was filled with reasonable doubts.
"We all know something happened to this child, but we still don't know what," Baez said. "What it basically boils down to is pure speculation."
"This simply can't stand," Baez said. He argued the jury's verdicts were inconsistent. Baez said child abuse is an intentional act, while manslaughter is a death resulting from an unintentional act.
He said an appeal would raise that issue.
Nacke refused to overturn the verdicts.
In documents seeking a new trial and other post-conviction relief, Diaz says he lost his freedom because of
Baez's trial performance, strategy and failure to disclose evidence to prosecutors, a tactical decision that prevented jurors from viewing a defense video.
Diaz said
Mr. Baez wanted to surprise the prosecution, and the surprise blew up in the defenses face.
Baez, was not allowed to show jurors computer animation that depicted Silva injuring the child, accused the state's medical experts of "recklessly giving opinions." The defense has portrayed Silva as a lying child abuser and a bad mother.
The video, created by a biomechanical expert, would have shown the jury how the toddler's skull fracture
could have been an accident, according to new court filings.
Nilton Diaz, filed a motion for a new trial,
claiming he was convicted due to the defectiveness of his defense attorney, Jose Baez.
Baez called it a common post-conviction strategy that often cites defense mistakes to win a new trial.
http://articles.orlandosentinel.com/keyword/nilton
Yup I'm just not seeing anything new in JB's
Bag-O-Tricks. First he threw everyone under the bus (LE, ME, mom, junk science). Then he tried to pull a rabbit out of his ear - with a
surprise! He wanted the jury to watch a cartoon, of how the child's injury / death could have happened if her mom had been home when she was injured - a ploy that
failed - later he blamed the jury citing
reasonable doubts (or Judge) for conflicting verdicts. Last he pretty much said everyone blames their attorney when they lose!
Thank goodness HHJSS made the decision for ICA that she was going to see her boy in action - no chance of crying foul after the fact!
http://www.youtube.com/watch?v=sfv3kBzJZgU
opcorn:
