2010.12.22 Prosecutors Call for Sanctions Against the Defense

[Purple Iris]

Any color except IRISH GREEN!!!!!!!!!!:lepsmilie:

AND Drip~Drop - OMG I almost chocked on my coffee your demise of Frosty is a hoot!!!!!!!!!!!!!
BTW - if I ever end up dead, make sure I wasn't reading WS and died of chocking on something first! Oh, and I only have Tom as a friend on myspace and my facebook is not my real name (only half of it is!)

Newsflash ---- KC defense team is spotted at Orange county jail:
:worms:

Were they really???
As in ALL of them, on Christmas Day.........hmm......wonder what this means.
Is Casey sick, has she been put on suicide watch, or is the team delivering news of the sanctions against Baez??

It would be odd, IMO, if all of them are there, today of all days.
Maybe one of them, but even at that, I still can't see it ~ It's not like it's her first Christmas in jail.

 

[LambChop]

Were they really???
As in ALL of them, on Christmas Day.........hmm......wonder what this means.
Is Casey sick, has she been put on suicide watch, or is the team delivering news of the sanctions against Baez??

It would be odd, IMO, if all of them are there, today of all days.
Maybe one of them, but even at that, I still can't see it ~ It's not like it's her first Christmas in jail.

Maybe she summoned them to appear before her. Not liking JA's Motion I would guess. I can hear JB now, "But KC I can't put down exactly what they will testify to because we can't have them take the stand, any of them. They're just window dressing for now. None of them can help." jmo

 

[A_News_Junkie]

Were they really???
As in ALL of them, on Christmas Day.........hmm......wonder what this means.
Is Casey sick, has she been put on suicide watch, or is the team delivering news of the sanctions against Baez??

It would be odd, IMO, if all of them are there, today of all days.
Maybe one of them, but even at that, I still can't see it ~ It's not like it's her first Christmas in jail.

Oh no, Purple Iris - I am sooooooo sorry, that was my attempt at humor -- the can of worms! Sorry about that! (the can of worms was suppose to be a pictorial representation of the team! LOL)

 

[LancelotLink]

Oh no, Purple Iris - I am sooooooo sorry, that was my attempt at humor -- the can of worms! Sorry about that! (the can of worms was suppose to be a pictorial representation of the team! LOL)

:dance:
I was going to ask about the turkey and the ham.

 

[Purple Iris]

Not to worry ~ Some times I'm a day late, and a dollar short and things go straight over the top ~!!

See, I wondered about that can of worms, but, my thinking was, "yeah, she couldn't have picked a bigger bunch of "worms" to represent her, and, that that this case is absolutly a can of worms !!!

But, at the same time, I was hoping that they really were trying to sneak in {would they do that??LOL} and that something was cooking........from that slimey can of worms!!

 

[joypath]

That is why ME's and doctors can chow down while working on horrid cases.

:twocents:UMMMM Just to clarify: NOT chowing down in the same room, however!:truce:

Why OSHA would just frown on THAT!:furious:


BUT...gotta admit back in the day when I :innocentbserved (been playing in this field for many moons!:blushing.....the coffee cups were often in the lab area.......back in the days before "enlightenment" and PPE!

 

[RR0004]

Oh no. LE was pretty certain from early on that poor Caylee had met a bad end. If I recall correctly the deal would have essentially forced her to direct them to the body, while claiming that it was an accidental/negligent death. (so long as the remains were consistant with such). The problem for KC was the duct tape, which would have invalidated the deal, so she never responded to the offer.

Thanks, Faefrost! I wondered why the emails seemed so "loose".

 

[nums24]

I think its more telling that so much of that Private Investigator budget has been going to find out info about people who rather clearly and obviously only ever heard of the victim well after she was dead (TES, RK etc) while not so much as 1 hour seems to have been spent investigating any witnesses who might have babysat or cared for the shild or had any contact with her before her disapearence. (oh wait, except for the Grunds).I don't have issues with defense attorneys signing on to represent a client who may or may not be guilty, even one they clearly feel is. Nor do I have a problem with a defense attorney choosing to represent even as heinous an individual as a child killer. That is the nature of our system. They do a necessary job and hundreds of thousands of them do it every day in such a way that does not compromise ethics, integrity, rules of behavior or bring shame to their profession. The client deserves a fair honest and vigorous defense. Not a circus. This motion by the SA is an attempt to insure that she gets that, regardless of her guilt, innocence or the desired capital sentence.

ITA with everything! BBM - I believe the defense is stretching the letter of the law and possibly has crossed the line on more than one occaision.

FWIW - I came across this video of a CA PI discussing unethical behavior in the PI world: [ame]http://www.youtube.com/watch?v=5gO60nS4Ab0&feature=player_embedded[/ame]

 

[LolaMoon08]

I wonder if this will be addressed at the January 3rd hearing? I wonder if Mr. Ashton will go into further detail as to why he is calling for sanctions? Not that what JB has done for the past two and a half years isn't enough, but I agree with Beach and feel something happened during the deposition that made Mr. Ashton finally lose it.

Is there any chance they will hold this in camera? I hope not, I really want Casey to have to sit there and hear the risks Jose is taking by playing these games and not following the rules of discovery. I want Casey to fully understand what can happen here... she's already lost her dream team of high-priced lawyers. Sounds like she is about to lose some high-profile expert witness... at least that is what it looks like to me, Henry Lee.

Can CM be reminded that he is 1st chair attorney? That maybe he needs to act like one and make JB take the backseat he was supposed to take two years ago? How can CM, in good concious, allow this to happen? He had a pretty decent reputation going into this case and is being made out to look like JB's bubbling side-kick. I just don't get it?

 

[The World According]

This has been a long time in coming and well-deserved!

Jeff Ashton and Linda Drane Burdick are tenacious about coming to court fully prepared, they speak with eloquence and have complied with all court orders under the direction of Judge Perry.

Why can't the Defense ever seem to do the same? Why does Jose Baez have to continually be "schooled" by Judge Perry at nearly every Hearing? If the Defense can back their claims that Casey Anthony didn't murder Caylee, what are they so afraid of which promoted this Motion for Sanctions? Why isn't Mason, who is the Death Qualified Attorney, doing more to assure smooth sailing right into trial in May of 2011, rather than playing 'hide n' seek' games?

I'd like this thread to serve in part, as a support thread for Mr. Ashton and Ms. Burdick, :clap: ...... as well as an offer of opinions as to what Baez could possibly mean with his continued use of the term, "false claims". He's now going to have to answer to Judge Perry and explain his chosen terminology.

Opinions?

"In a newly filed motion, Assistant State Attorney Jeff Ashton argues, "the state would contend that the defendant is in deliberate non-compliance with the court's order as to certain of their listed experts and that sanctions to address the non-compliance are necessary."

Ashton notes that the defense has said expert Dr. Henry Lee "will render opinions on…crime scene analysis, collection and preservation as well as recovery."

But he says the defense team's inability to summarize so-called "false claims" by crime scene investigators that Lee will rebut "is disingenuous and just plain laughable."

More at the link:

http://www.orlandosentinel.com/news...ny-defense-sanctions-20101222,0,7135166.story

You are so right, this has been a long time coming. Jose defying the rules and Judge's orders has been commonplace. In the beggining I thought it was inexperience. Now, of course with Mason and his thirty years of experience added to the defense, it is clearly not ignorance of the law or the rules. Rather it is childishness and hubris, what a very bad combination.

The judge is going to compell the defense to comply with his order. I could not care less if he does not fine them, I want him to get the information the state is entitled to. It is certain he can and he will. There are no other options, he is not going to let this slide and say sorry Mr. Ashton , I asked as nice as I could. He may say "You may want to bring you some lunch", I believe in nights and weekends if the defense complains they haven't the time.
This is not the first time the defense has been wrong on the facts and wrong on the law, by miles. Remember this little gem?

[ame="http://www.websleuths.com/forums/showpost.php?p=5934456&postcount=387"]Websleuths Crime Sleuthing Community - View Single Post - Wow! Thank God for Richard Grund & Thank God LP Told on the Anthony's!![/ame]

 

[Just Jayla]

While I. Am So looking forward to HHJP approving sanctions against Baez, I won't
Hold my breath. IT wasn't too long ago HHJP remarked the Prosecution and the Defense
Were doing an excellent job. Will he hold them both responsible for not being able to
Get along or is he going to put Baez in his place and approve sanctions?
If he does't handle Baez now, there will be many more problems ahead.

This is the one area where I really appreciated Judge Strickland's course vs. Judge Perry's-Judge Strickland was anticipating and trying to prevent some of the antics on the front end, because I believe outside the courtroom, HHJS was keeping up with the case quite a bit and knew what to expect from JB.
HHJP is giving JB a chance to deliver up front, and may deliver punishment on the back end after giving JB a few chances to redeem himself. But this way of handling things with JB can be time consuming, because JB will take every chance he can get to push things to the limit, and then he pushes again. How many times did JB get into the TES argument? That whole thing prolly would've been handled more quickly under HHJS as he kinda knew the score with JB and that JB would beat the heck out of that dead horse forever if you let him.
I hope HHJP gives JB a meaningful sanction, one that gives the signal that His Honor's tolerance will not be so abundant in the future, don't try it anymore. And going forward, I hope HHJP remembers this behavior and cuts it off at the pass. Otherwise, the whole notion of sticking to a fair timeline starts to get shaky in spite of His Honor's intention.

 

[LambChop]

ITA with everything! BBM - I believe the defense is stretching the letter of the law and possibly has crossed the line on more than one occaision.

FWIW - I came across this video of a CA PI discussing unethical behavior in the PI world: http://www.youtube.com/watch?v=5gO60nS4Ab0&feature=player_embedded

Now that is a professional well educated PI.

 

[Aedrys]

January 3rd hearing one week from today. I hope HHJP decides on sanctions before then. If not, this is going to be one loooooooooooooooong week. *starts tapping fingers already* I'm sooo impatient!

 

[The World According]

[ame]http://www.youtube.com/watch?v=D3MZHB2IDc4[/ame]

 

[SunnyinMO]

January 3rd hearing one week from today. I hope HHJP decides on sanctions before then. If not, this is going to be one loooooooooooooooong week. *starts tapping fingers already* I'm sooo impatient!

I may need to don an asbestos suit for this...but here goes....IMO if JP had not been coddling the defense and had he held them to his orders, JA would not have to ask for sanctions. I think JP has been far too lenient with the defense. I know, it's so they can't have a successful appeal. However, I think he could have accomplished the same end result and still not have held the defenses' hand along the way.:truce:

 

[Aedrys]

I may need to don an asbestos suit for this...but here goes....IMO if JP had not been coddling the defense and had he held them to his orders, JA would not have to ask for sanctions. I think JP has been far too lenient with the defense. I know, it's so they can't have a successful appeal. However, I think he could have accomplished the same end result and still not have held the defenses' hand along the way.:truce:

No need for the asbestos suit. I partially agree with you. I keep telling myself there's a method to HHJP and the way he's treating the defense, but a lot of the time, I don't like how he's so lenient with them. There's got to be a point, and I'm hoping this is the point, where enough is enough and the defense is not doing their job to the point that THEY are risking an unfair trial for their own client. I think that is exactly what is happening here, and hopefully HHJP will not just hand slap them again.

 

[logicalgirl]

January 3rd hearing one week from today. I hope HHJP decides on sanctions before then. If not, this is going to be one loooooooooooooooong week. *starts tapping fingers already* I'm sooo impatient!

Can't wait!!!! It's that you tapping fingers? I'm tapping my feet!! :seeya: LOL

By the time January 3rd rolls around - I will definitely be :great: way over the top with excitement, with a whole lot of concern wrapped into it.

I think we will be getting into the beginning of the heavy lifting HHJP is going to be doing on motions from the defense that are going to be flooding in. We'll get a look at just how much he's going to let Baez get away with.

I want to see lots of :croc:, do lots of :floorlaugh:, none of this :banghead:, or this, :furious: because we know we're dealing with the defense :loser:'s.
Not that I don't have an open mind of course!:innocent:

Waiting, waiting, waiting......:woohoo::woohoo::woohoo:

 

[TrialAddict]

I don't think, Judge Perry will do anything more then scold Baez.

 

[JSV]

I don't think, Judge Perry will do anything more then scold Baez.

I agree . I hope I am wrong about that .

 

[countzero]

I wouldn't mind HHJP giving JB a three day vacation courtesy of the OCSD in a cell adjacent to ICA so they could talk though the pipes and pass notes through the books.

It won't happen but the threat of it sure would put a fire under JB to do his job proficiently.