2011.01.05 Hearing TES Volunteer Computer Subpoena

[strawberry]

I just have the feeling that the reason JB doesn't want to submit the reports is, not because he has some bombshell ambush planned, but because he has....nuthin. I think we will see some experts taken off the list. IMO

 

[MD MOMMY]

BBM - To be fair, I believe the search where he found those items was an independent search with a small group, not with TES.

Well good, that makes me feel so much better in regards to those. There were tons of pics he posted, I hope they were all from independant searches!

 

[Intermezzo]

I truly believe that jb wanted a trial by ambush---think he was truly hoping to have a Perry Mason moment---try to throw the SA off their game--his big problem is that the SA is expereienced---where as him????

I also can't figure out why others keep signing up--baffles me! There isn't any money at this point so why???? foolish asperactions???

They also need to lay off of the SA having more power than them---the whining needs to stop! Yesterday almost was like having my kids in school and not doing all their homework due to being on the computer--

BBM
That's what Baez did when he represented Nilton Diaz, who was found guilty of killing a toddler and is serving 15 years in prison.

http://www.examiner.com/crime-in-na...hony-called-defective-lawyer-by-former-client

Diaz claims, “…Mr. Baez wanted to surprise the prosecution, and the surprise blew up in the defense’s face.” Diaz also alleges, “Mr. Baez’ defectiveness affected the fairness and reliability of the trial, that confidence in the outcome was undermined.”

You can read Baez's opening statement in that case here...[ame="http://www.websleuths.com/forums/showpost.php?p=5928000&postcount=146"]Websleuths Crime Sleuthing Community - View Single Post - 2010.12.22 Prosecutors Call for Sanctions Against the Defense[/ame]

 

[logicalgirl]

I just have the feeling that the reason JB doesn't want to submit the reports is, not because he has some bombshell ambush planned, but because he has....nuthin. I think we will see some experts taken off the list. IMO

Nothing to report and no $$$$ to pay the experts.

It might also be a case of "No tickee, no laundry!"

Are you in a bit of a pickle Mr. Baez? When you showed the court what you'd done with your "picture" fees, did you say you had already paid these experts? Was that a teensy weensy lie?

Now whatcha gonna do?

 

[Intermezzo]

Listening to JBs argument...that JJ had "inserted himself" (tried to help find a baby) and being and "interesting individual" sounds to me like JB is trying to Kronk him.

IMO
Baez will say anyone who voluntarily went out to Search for Caylee inserted themselves...

 

[MD MOMMY]

Nothing to report and no $$$$ to pay the experts.

It might also be a case of "No tickee, no laundry!"

Are you in a bit of a pickle Mr. Baez? When you showed the court what you'd done with your "picture" fees, did you say you had already paid these experts? Was that a teensy weensy lie?

Now whatcha gonna do?

That's why he needs 20 days. He needs to do a few things..

1. Beg, beg, beg
2. Beg, beg, beg

 

[TotallyObsessed]

Nothing to report and no $$$$ to pay the experts.

It might also be a case of "No tickee, no laundry!"

Are you in a bit of a pickle Mr. Baez? When you showed the court what you'd done with your "picture" fees, did you say you had already paid these experts? Was that a teensy weensy lie?

Now whatcha gonna do?

What 'cha gonna do, what 'cha gonna do when they come for you?

Sorry, couldn't resist.:innocent:

 

[The World According]

Ashton asked the judge to order some of the reports be given asap rather than whatever time limit the judge is going to set out; because, it is clear to him by what Cheney and Baez are hinting at, they have no , NO intention of honoring the order, and we may as well get that fact illuminated right now rather than in ten or fifteeen or how ever many days the judge gives them. The real and present upcoming depos will need to be rescheduled, imo, clearly
due to the defense NOT handing over the reports.

He is on to them. As usual, they tell on themselves with their hubris and put their foot in their mouth.
Ashton made a joke of it...what papers he said, can we get a little hint, rather than at 4:59 pm, your honor.
They want to file an objection and have the judge set aside his ruling. Watch for it.

 

[LambChop]

I know, right? And JJ was never even charged, let alone convicted, yet JB stands there in court calling him a felon. They totally want to Kronk JJ and HHJP cut them off at the knees. Sweeeet.

O/T: I guarantee with Perry shutting down the motion to include Kronk's prior bad acts, at some point when Kronk is on the stand, CM will slip this one in: "Mr.Kronk, Have you ever been charged with kidnapping?" The state will object, but he will have gotten it in there. Makes me puke.

And if the State does not object Mr. Mason has opened the door for Mr. Kronk to explain how he was trying to help a young friend get away from her abusing boyfriend, making him sound more like a hero than a villian. That could backfire big time. I'm sure Mr. Kronk will be prepared to testify to anything they throw at him by his attorney. jmo

 

[Intermezzo]

LOL JB talks about JJ changing his story and impeding investigation. Have you met your client, JB?

That's because changing stories and impeding an investigation applies to others who "inserted" themselves into this case but not to his client...
:twocents:

 

[The World According]

Joe Jordan brings to my mind how TES got their in the first place!!!!!

http://www.websleuths.com/forums/blog.php?b=812

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Texas Equusearch is in urgent need of donations!
Tim Miller was speaking from the heart and yes he was , well frankly , pissed off. He is angry on behalf of the good people that come to volunteer. Imagine you have been working over time , you have been saving your money, you thought you'd take a vacation or do some work your home needs. You see Caylee is missing story on the news and she reminds you of a child you know or love and just steals your heart. You find yourself praying for her that evening with your family at the dinner table. You make the decision to try to help, so you use your own money, fly to Florida, get a hotel room and go to the command center in your boots, old blue jeans, armed with a hat, bug spray, a fanny pack you still had from the eighties, meet the team you'll be with all day until it gets dark, these will be your best friends all day long. One of the folks signs you up, you answer all the questions just going down the page, top to bottom, left to right anxious and hopeful to get started looking for this beautiful child of God. You turn in the donation you had asked your family , co-workers and church members to give, some of them gave more,some only had a dollar, some of the kids gave change, but they all gave anonymously with innocent, pure hearts, as Americans have done throughout history,
Now imagine that those friends and neighbors from the church are all going to be investigated, thoroughly, to see what sins or mistakes they made in the past, if they have a record, if a child was ever a source of a custody fight and why, you name it. These are the best people you know, and now they are going to be under intense scrutiny and you feel guilty;big time, because, you are the one who asked for their help.It is being demanded you hand over their names, addresses , cell phone numbers and possibly social security numbers. What the hell? How could you do that, you are thinking and pacing.

You are damn straight Mr. Miller is a bear protecting his cubs. He knows that not only are they going to be investigated, but indeed one or more of them is going to be hung out to dry as only this defense team and mom and pop Anthony can do. In my opinion, they have made implications, blamed others for the kidnapping and likely murder Caylee, hello....a felony that if she were to be believed would have poor Jesse Grund , or Richard Kronk facing a trial and possible death penalty right now.

He was animated. I am ok with that. No hero since Biblical times has been a soft spoken person without emotions, save and except Mother Teresa, but we never saw her defend her fellow nuns who were being attacked. That doesn't take away my affinity for him. I admire him even more for being all too human. I am going to pay pal now to donate, even if it is nominal like the child putting his quarters he was saving for the gumball machine in the offering at church.

We have to remember how Texas Equusearch was founded. Mr. Miller's daughter was missing and found murdered. He, his wife, his family and lifetime friends decided to help other families in their situation, so they volunteered their time and hard work. It inspired others to help. They have done over a thousand searches, and during them all, NEVER have they been treated as poorly as they have by the Anthonys. NEVER.
I stand with Mr. Miller. I am pissed off too!!!!

I just logged on the TES site.
Wow! How humbling!
Let's each give five dollars, we have thousands who read here from across the world. It will matter!

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URGENT NEED OF IMMEDIATE DONATIONS


Posted on 13. Aug, 2010 by smckinney.


"We have been very extremely busy with searches this year. We recently recovered our 118th victim, and we have brought over 300 people home alive. Requests for our assistance have increased, but our donations are at an all-time low. In today’s economy, it is very difficult for people to pay their own bills, much less donate to charity. Nevertheless, we are in need of immediate cash flow/donations in order to sustain our operations. We want to be able to continue to help families find their loved ones, but it is becoming increasingly difficult with the current state of our funding. If everyone who reads this would donate $1.00, $5.00 or any other amount you can, it will help ensure that we will not have to tell a family we cannot help them because of our finances. Tim Miller made a promise to his daughter, Laura, that he would never leave a family alone. Therefore, we ask you to donate anything you can. Please pass this on to your friends and family. Remember –

“LOST IS NOT ALONE”

Donate To TES

When making a donation through PayPal, enter the amount of your donation, then you MUST CLICK "UPDATE TOTAL" at the bottom right-hand corner of the simulated check before proceeding with donation. Your donation to Texas EquuSearch will be used for search missions, equipment, fuel, food, lodging for the Search Coordinators and expenses associated with the operation of our Mobile Command Center. Additionally, donations will be used for our day-to-day operating expenses. Thank you for your support of Texas EquuSearch on behalf of all the families who need our assistance."

www.texasequusearch.org
__________________
The Florida Bar on Mr. Baez.
"His overall behavior, they wrote, showed "a total lack of respect for the rights of others and a total lack of respect for the legal system, which is absolutely inconsistent with the character and fitness qualities required of those seeking to be afforded the highest position of trust and confidence recognized by our system of law."



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[Intermezzo]

I still can't believe that JB is willing to stand up there in open court and declare JJ a "felon". Ummm? Wasn't the supposed crime that he secretly recorded JB's a defense investigator attempting witness tampering? (or so JJ claimed?). The tape was sealed because it was illegally obtained, but still!? Is this really an avenue that JB wants to be walking down?!?!?!

Baez declares a citizen a Felon at a court hearing, a citizen who was neither charged nor convicted of a Felony.

But on the other hand Baez's client, Casey, is a Convicted Felon.

http://www.wftv.com/pdf/21913645/detail.html
State filed a Motion for Protective Order

Note: Point 5, that the individuals surreptitiously recorded by Jordan declined prosecution and that OCSO cleared and closed the case.

The recording violated Florida Statute 934.03.
Also if the ASA's or Defense listened to the illegal recording that would be a 3rd degree Felony

 

[cecybeans]

Side Note:

Well 2010 certainly gave us a new term to use, a five-letter word that replaces a four-letter word often used as a verb to mean getting royally messed over.

"He got Kronked" can now take its place in the unofficial WS Urban Dictionary...

 

[Intermezzo]

I also loved it when he mentioned that JJ didn't want to play with the defense and proved it by having the atty present. Didn't his client do the same BUT on a much more serious front?---Can't believe some of his rants and raves! Loved that he looked at Cheney for support at one time and Cheney didn't respond.....

IMO Baez was scoffing that Jordan had legal representation...
I was appalled that he would even go there, especially as a Defense Attorney..

Jordan has a right to legal representation
It's nothing knew in this case...All members of the Anthony family have/had lawyers...and most of the private citizens in this case hired legal counsel to protect them from Casey and this Defense Team

 

[NJ Lawyer]

I haven't gone through this thread to see if anyone has made the point but...while I am 100% on the side of the prosecution in this case, the judge should have allowed defense counsel's subpoena duces tecum in this instance. The blogger in question apparently searched an area close to where the body was found and, subsequent to the deposition, defense counsel discovered that the blogger had photos of various search areas. Even if the statements about photos didn't include the specific area in question, it's enough that the blogger: (1) had photos of searches; and (2) made statements at another time about having searched near to the area where the body was found. It's not an exact match (i.e., "I have photos of the area where the body was found") but it's enough for counsel to ask about it.

Defense counsel says it didn't realize photos were taken until after the deposition but....even if it *should* have asked the question at deposition, it doesn't change the result. It is still reasonable for defense counsel to demand copies of any photos that may have been taken close to where the body was discovered. Defense doesn't have to make the case that such photos actually exist. It is entitled to ask if they exist...yes, even though the deposition is concluded. If the blogger has photos, defense counsel is entitled to them because they are evidence in the case (in fact, the State is entitled to them too).

This is the kind of trial court decision that could hamper the ability of the State to have a conviction affirmed on appeal. I'm sure Judge Perry has fans on this site but I am not impressed by the decision today or his reasoning. If I were Jeff Ashton, I'd issue my own subpoena asking the blogger if photos were taken within 100 feet of the site (or some distance) and if so, for copies of them. If the blogger refused to answer, I'd go to court for enforcement. Then I would share the answer and the photos with defense counsel. Doing this would take the wind out of defense counsel's sail in terms of later arguing that counsel was hampered in suggesting that there was no body at the scene at a certain point in time. The judge is making a stupid mistake. Ashton will probably realize this and step in, hopefully. As a prosecutor you want a conviction but you want it to be affirmed on appeal. Why risk that?

 

[strawberry]

HHJP kept asking JB if JJ pacifically (hee hee so cute) said in the blogs that the pictures were of the remains site. I kept waiting for JB to say no because he posted the pictures before Caylee was found. That was the whole point wasn't it, that the pics supposedly showed that there was no body? It's almost as if JB didn't even realize that JJ was posting these back in the summer of 08.

 

[strawberry]

IMO Baez was scoffing that Jordan had legal representation...
I was appalled that he would even go there, especially as a Defense Attorney..

Jordan has a right to legal representation
It's nothing knew in this case...All members of the Anthony family have/had lawyers...and most of the private citizens in this case hired legal counsel to protect them from Casey and this Defense Team

ITA. He was scoffing that JJ would get an attorney and have the nerve to fight this subpoena.:waitasec:

 

[Intermezzo]

ITA. He was scoffing that JJ would get an attorney and have the nerve to fight this subpoena.:waitasec:

Yes, I agree.

 

[MD MOMMY]

I haven't gone through this thread to see if anyone has made the point but...while I am 100% on the side of the prosecution in this case, the judge should have allowed defense counsel's subpoena duces tecum in this instance. The blogger in question apparently searched an area close to where the body was found and, subsequent to the deposition, defense counsel discovered that the blogger had photos of various search areas. Even if the statements about photos didn't include the specific area in question, it's enough that the blogger: (1) had photos of searches; and (2) made statements at another time about having searched near to the area where the body was found. It's not an exact match (i.e., "I have photos of the area where the body was found") but it's enough for counsel to ask about it.

Defense counsel says it didn't realize photos were taken until after the deposition but....even if it *should* have asked the question at deposition, it doesn't change the result. It is still reasonable for defense counsel to demand copies of any photos that may have been taken close to where the body was discovered. Defense doesn't have to make the case that such photos actually exist. It is entitled to ask if they exist...yes, even though the deposition is concluded. If the blogger has photos, defense counsel is entitled to them because they are evidence in the case (in fact, the State is entitled to them too).

This is the kind of trial court decision that could hamper the ability of the State to have a conviction affirmed on appeal. I'm sure Judge Perry has fans on this site but I am not impressed by the decision today or his reasoning. If I were Jeff Ashton, I'd issue my own subpoena asking the blogger if photos were taken within 100 feet of the site (or some distance) and if so, for copies of them. If the blogger refused to answer, I'd go to court for enforcement. Then I would share the answer and the photos with defense counsel. Doing this would take the wind out of defense counsel's sail in terms of later arguing that counsel was hampered in suggesting that there was no body at the scene at a certain point in time. The judge is making a stupid mistake. Ashton will probably realize this and step in, hopefully. As a prosecutor you want a conviction but you want it to be affirmed on appeal. Why risk that?

Look in the questions for verified lawyers threat. I am thinking JB is going to ask to depose JJ again. I suspect we will hear about this again in the very near future.

 

[logicalgirl]

I haven't gone through this thread to see if anyone has made the point but...while I am 100% on the side of the prosecution in this case, the judge should have allowed defense counsel's subpoena duces tecum in this instance. The blogger in question apparently searched an area close to where the body was found and, subsequent to the deposition, defense counsel discovered that the blogger had photos of various search areas. Even if the statements about photos didn't include the specific area in question, it's enough that the blogger: (1) had photos of searches; and (2) made statements at another time about having searched near to the area where the body was found. It's not an exact match (i.e., "I have photos of the area where the body was found") but it's enough for counsel to ask about it.

Defense counsel says it didn't realize photos were taken until after the deposition but....even if it *should* have asked the question at deposition, it doesn't change the result. It is still reasonable for defense counsel to demand copies of any photos that may have been taken close to where the body was discovered. Defense doesn't have to make the case that such photos actually exist. It is entitled to ask if they exist...yes, even though the deposition is concluded. If the blogger has photos, defense counsel is entitled to them because they are evidence in the case (in fact, the State is entitled to them too).

This is the kind of trial court decision that could hamper the ability of the State to have a conviction affirmed on appeal. I'm sure Judge Perry has fans on this site but I am not impressed by the decision today or his reasoning. If I were Jeff Ashton, I'd issue my own subpoena asking the blogger if photos were taken within 100 feet of the site (or some distance) and if so, for copies of them. If the blogger refused to answer, I'd go to court for enforcement. Then I would share the answer and the photos with defense counsel. Doing this would take the wind out of defense counsel's sail in terms of later arguing that counsel was hampered in suggesting that there was no body at the scene at a certain point in time. The judge is making a stupid mistake. Ashton will probably realize this and step in, hopefully. As a prosecutor you want a conviction but you want it to be affirmed on appeal. Why risk that?

While I may be mistaken, I believe I have seen all of the photographs JJ has posted. So there are a couple of things HHJP seemed to me to be considering. First that JJ is a public citizen. Second, he did not search the remains area with any established search group, it was an independent search. So did many other citizens, who may or may not have searched that area and taken pictures.

I could understand granting this motion if anyone had ever claimed to see photos JJ took of the scene, or if anyone could even claim to have seen JJ taking photographs at this location. But neither point is true, or if it is, Mr. Baez does not have that information. He simply wants to seize the computer and files of a private citizen on a "maybe", which IS a fishing expedition. And why stop there? Why not start demanding the pictures and files of everyone who was in that area for the month during, before and after JJ was there?

If HHJP had granted this motion, the next motion would have been to grant more investigative funds as we saw in the TES motions, which apparently produced nothing. I think time is up on Mr. Baez's search for SODDI - it's show time now.