2011.01.06 Baez Slapped with Formal Sanction

[The World According]

[ame]http://www.youtube.com/watch?v=sNGjnHND1is[/ame]

 

[sumbunny]

He doesn't follow any rules. Wow!!!!!
http://www.youtube.com/watch?v=-GUw0PIjI5E


http://www.youtube.com/watch?v=ycsdDgAqg1Q
http://www.youtube.com/watch?v=yOcTBNRRsSQ

Wha wha WHAT? Baez removed some of Caylee's items from the house BEFORE she was found?

What on earth for?

Attempt to "thwart" justice? Unfreakingbelievable

 

[sumbunny]

I wonder if that $500/day would be considered per incident/report/expert. So would they get nailed for $500/day for EACH outstanding report or summary?

A girl can dream!

 

[MissJames]

The judge in his wisdom, is aware that all scientific investigation is documented from beginning to end. If it wasn't documented, it wasn't done. Period. If the expert hasn't documented their opinion, they don't get to take the stand and recall from memory what they think they remembered their testing showed, whatever that testing method was, but who knows because it wasn't documented and can never be peer reviewed.
Baez doesn't like the reports he received IMO. They supported the SAO's forensic claims and rather than remove names from his expert witness list and appear weak, he's trying to keep them on as a form of intimidation, and will never call them to the stand ever.
I believe the defense hopes that the judge will disallow the testimony of expert x, y and Z and this will allow for a possible appeal issue. At least in their own minds.

I totally agree. I also think CM's assurance that many of the experts "probably" wouldn't even be testifying is infuriating.
Really ,CM ?
So you are wasting the State's time and the taxpayer's money because.......? :waitasec:
Oh wait ! That was your plan ,wasn't it ? ! :furious:
It's so obvious to me that this is a game of chess to ICA's defense team ,and nothing more. I believe they are in it for the "fun" ,just as CM said.
Not about their client. Not about Caylee.
It's a game.

 

[AlwaysShocked]

Thanks to all who have posted the videos. Many there I hadn't seen before.

Young Mr. Hornsby is quite the hottie!

 

[LancelotLink]

Thanks to all who have posted the videos. Many there I hadn't seen before.

Young Mr. Hornsby is quite the hottie!

I had never seen the one with Jose, who is not the hottie! :floorlaugh:

 

[Lanie]

YAY!! I'm so happy!

Mr. Jeff Ashton, I apologize for all the bad things I thought about you. There were only a couple, and only for a minute, but I apologize. I knew better.

YAY YAY YAY!!!

 

[Leila]

I like when Judge's use footnotes. That footnote is ALMOST as good as the ones JS used in his last humdinger of an order.

Attached is another humdinger from a federal judge in Flordia. This order was passed around my firm for laughs. The back story is apparently the parties were arguing about the location of a 30(b)(6) deposition. So this is what the Judge issued in response to the parties request that the Court intervene.

Absolutely CLASSIC!!!!!!!!

**Note again, my firm did not represent any party in regards to the attached Order. But as I've said many times, the legal community is VERY small. And when entertaining things happen in the legal field, word spreads quickly, very quickly. If I had to guess I would wager that JB is literally the laughing stock of the local Florida legal community.

That was fantastic! Loved it! Sometimes a point has to be made and this judge did a brilliant job of bringing his point home.

 

[sleutherontheside]

http://yousue.org/discovery-other-sanctions/

This shows the level of control lawyers have over the courts and judges through campaign contributions, committees formed to support a judge for election, or organize opposition to a judge whom the lawyers view as a "problem". Lawyers also seek to control the JNC process. Florida judges are also subject to performance review by lawyers through the Confidential Judicial Feedback form which began in 1998 when this law review was written.



Judge Isom also noted how Florida’s appellate process is compromised:



"The Joint Committee of the Trial Lawyers Section of the Florida Bar and the Conferences of Circuit and County Court Judges' 1998 Handbook on Discovery Practice admonishes trial judges to fully appreciate their broad powers to end discovery abuses and the 1998 Handbook reassuringly states that the appellate courts will sustain the trial court's authority if it is exercised in a procedurally correct manner."

In other words, if a judge sanctions a litigant for discovery matters, the appellate court will "sustain the trail court’s authority" and the appeal becomes a forgone conclusion.

 

[Leila]

http://www.wesh.com/r/26561291/detail.html

Perry Won't Reconsider Defense Sanctions

"Judge In Case Against Casey Says Defense Was Never Held In Contempt"

http://www.wesh.com/pdf/26561606/detail.html (can read it here)

This is great news! There's rules, and when you don't follow rules, there's a penalty. If HHMP had reconsidered, it would have diminished the whole point of having rules and penalties. I find it ironic that this was in a court of law............the very place where one expects to see laws (rules) followed, and penalties for failure to do so.

 

[Leila]

As for CM, a friend of mine recently saw him on a program defending in a trial from at least a decade ago. She recognized his voice immediately, but was stunned at how sharp he was. She said it was as if she were watching a different person.

I wouldn't be surprised to learn CM has some genetic or age related dementia. He really should have quit while he was ahead. He may not like how history will remember him after this case.

 

[Leila]

I love it. OT, here's a great order from one of our Maricopa County judges, Penny Gaines, who just passed away leaving a gaping hole in the humor department of the MC Superior Court:

Order Granting Plaintiff’s Motion to Compel Acceptance of Lunch Invitation

The Court has rarely seen a motion with more merit. The motion will be granted.

The Court has searched in vain in the Arizona Rules of Civil Procedure and cases, as well as the leading treatises on federal and Arizona procedure, to find specific support for Plaintiff’s motion. Finding none, the Court concludes that motions of this type are so clearly within the inherent powers of the Court and have been so routinely granted that they are non-controversial and require no precedential support.

The writers support the concept. Conversation has been called “the socializing instrument par excellence” (Jose Ortega y Gasset, Invertebrate Spain) and “one of the greatest pleasures in life” (Somerset Maugham, The Moon and Sixpence). John Dryden referred to “Sweet discourse, the banquet of the mind” (The Flower and the Leaf).

Plaintiff’s counsel extended a lunch invitation to Defendant’s counsel “to have a discussion regarding discovery and other matters.” Plaintiff’s counsel offered to “pay for lunch.” Defendant’s counsel failed to respond until the motion was filed.

Defendant’s counsel distrusts Plaintiff’s counsel’s motives and fears that Plaintiff’s counsel’s purpose is to persuade Defendant’s counsel of the lack of merit in the defense case. The Court has no doubt of Defendant’s counsel’s ability to withstand Plaintiff’s counsel’s blandishments and to respond sally for sally and barb for barb. Defendant’s counsel now makes what may be an illusory acceptance of Plaintiff’s counsel’s invitation by saying, “We would love to have lunch at Ruth’s Chris with/on . . .” Plaintiff’s counsel.1

[FN1: Everyone knows that Ruth’s Chris, while open for dinner, is not open for lunch. This is a matter of which the Court may take judicial notice.]

Plaintiff’s counsel replies somewhat petulantly, criticizing Defendant’s counsel’s acceptance of the lunch invitation on the grounds that Defendant’s counsel is “now attempting to choose the location” and saying that he “will oblige,” but Defendant’s counsel “will pay for its own meal.”

There are a number of fine restaurants within easy driving distance of both counsel’s offices, e.g., Christopher’s, Vincent’s, Morton’s, Donovan’s, Bistro 24 at the Ritz-Carlton, The Arizona Biltmore Grill, Sam’s Café (Biltmore location), Alexi’s, Sophie’s and, if either counsel has a membership, the Phoenix Country Club and the University Club. Counsel may select their own venue or, if unable to agree, shall select from this list in order. The time will be noon during a normal business day. The lunch must be conducted and concluded not later than August 18, 2006.2

[FN2: The Court is aware of the penchant of Plaintiff’s counsel to take extended cruises during the summer months.]

Each side may be represented by no more than two (2) lawyers of its own choosing, but the principal counsel on the pending motions must personally appear.

The cost of the lunch will be paid as follows: Total cost will be calculated by the amount of the bill including appetizers, salads, entrees and one non-alcoholic beverage per participant.3 A twenty percent (20%) tip will be added to the bill (which will include tax). Each side will pay its pro rata share according to number of participants. The Court may reapportion the cost on application for good cause or may treat it as a taxable cost under ARS § 12-331(5).

[FN3: Alcoholic beverages may be consumed, but at the personal expense of the consumer.]

During lunch, counsel will confer regarding the disputes identified in Plaintiff’s motion to strike Defendant’s discovery motion and Defendant’s motions to quash, for protective order and for commission authorizing out-of-state depositions.4 At the initiative of Plaintiff’s counsel, a brief joint report detailing the parties’ agreements and disagreements regarding these motions will be filed with the Court not later than one week following the lunch and, in any event, not later than noon, Wednesday, August 23, 2006.

[FN4: The Court suggests that serious discussion occur after counsel have eaten. The temperaments of the Court’s children always improved after a meal.]

That was a great one! This judge certainly had a good sense of humor, and I'm sure her loss was a loss to many within the legal community and the community at large. I think it's important for a judge to have a humorous side to them, otherwise the serious nature of the job could be stressful.

 

[Leila]

Mr. Hornsby, in your Florida criminal law cases have you encountered any problems like this, where do you stand on the defense being required to have the experts produce reports? If you don't mind telling us, is that just SOP and you do it in your trials routinely?

I am asking because Mr. Mason must have had to follow the local rules for many years, he would know them backwrds and forward by now, but he acts like he has never heard of any such thing!

Also, although Baez cannot resign his post, Mason can if as and when he likes, so long as there is Ann Finnell or some dp qualified lawyer is on the case, is that right or wrong?

Isn't the dp qualified lawyer lead counsel? I remember Andrea saying she was, technically, but she considers herself part of the team. If they are a team, why was the sanction only against Jose and not the pair of them?

What did you make of Mr. Ashton being asked by Cheney not to cash the check?
What was Cheney having the retired judge come to sit in on the hearing for the other day , if you will venture a guess?
What did you make of Judge Perry telling the defense that there are lawyers out there now that do things like sue defense attorneys to recover money for the JAC?

All good questions!

 

[Leila]

I wonder if that $500/day would be considered per incident/report/expert. So would they get nailed for $500/day for EACH outstanding report or summary?

When Baez first got this case he thought he had a million dollar case. I don't think he thought he'd be the one paying the million!

 

[kaRN]

I don't think his problem is his hearing. I think it is his memory or dementia. JMO

I do believe the hearing deficit is a problem in so much as it`s affecting his ability to perform his job and is exacerbating his apparent confusion. It`s going to be unbearable at trial if we get a daily dose of the hearing problems we saw at the Jan 3 hearing where the judge had to raise his voice and repeat things to MC several times.
Hearing affects comprehension and we`ve seen examples of the judge needing to clarify individual words for him. God help those called to testify.
I find it really concerning that the hearing and comprehension issues are combined with a total lack of preparedness for court. He doesn`t know what the judge ruled on this, he wasn`t there for that and never bothered to get himself up to speed.

 

[Elphaba]

I wouldn't be surprised to learn CM has some genetic or age related dementia. He really should have quit while he was ahead. He may not like how history will remember him after this case.

I've pondered this issue, because the CM of the past that I have seen videos of is heads and shoulder above the CM that we see on the Casey defense team. I am constantly shocked by how clueless he seems on things... how he seems to feed more into Baez's job of bumbling along, than being this well honed lawyer that should know to snap Baez into professional place. It is like the 2 are playing keystone cops of lawyering, and it is not funny anymore... it's painful and angering to watch.

 

[LiveLaughLuv]

Judge Shoots Down Casey Attorney's Sanctions Motion
http://www.wftv.com/video/26564313/index.html


Justice for Caylee

 

[LiveLaughLuv]

Wha wha WHAT? Baez removed some of Caylee's items from the house BEFORE she was found?

What on earth for?

Attempt to "thwart" justice? Unfreakingbelievable

This is news to me as well..What the heck! Why is this just now being told or is it old...TWA don't confuse me, I'm confooosed enough...:floorlaugh:

In all seriousness, is this new info or old and if old was this dealt with?

I didn't trust Baez before and trust him even less now...if he did do this and not inform the state, he's obstructing justice, isn't he? He can be jailed...He just does his own thing, he interpets the law arsebackwards...He's one attorney I'd never hire...JMHO

Justice for Caylee

 

[zoey]

This is news to me as well..What the heck! Why is this just now being told or is it old...TWA don't confuse me, I'm confooosed enough...:floorlaugh:

In all seriousness, is this new info or old and if old was this dealt with?

I didn't trust Baez before and trust him even less now...if he did do this and not inform the state, he's obstructing justice, isn't he? He can be jailed...He just does his own thing, he interpets the law arsebackwards...He's one attorney I'd never hire...JMHO

Justice for Caylee

perhaps since he always proclaims he is an "officer of the court" he truly believes the "officer" and can create his own rules/laws to follow????? He has been caught in some doozies....

 

[Shear22]

Wha wha WHAT? Baez removed some of Caylee's items from the house BEFORE she was found?

What on earth for?

Attempt to "thwart" justice? Unfreakingbelievable

I didn't know this either. According to the report he took toys and a toothbrush for dna testing. Since this was before Caylee was found, this leads me to believe he was assuming DC was going to find the body in his expedition.