2011.01.06 Baez Slapped with Formal Sanction

[sumbunny]

What is Furton's field of expertise anyway?

Dr Kennith Furton ( I believe this is him)

http://www2.fiu.edu/~furtonk/

Quote " Much of his recent work has focused on studying the chemical basis of detector dog alerts to forensic specimens including accelerants, biotoxins, currency, drugs, explosives and humans (dead and alive). "

Guess he will challenge the trunk smell and or the Canine dog alerts?

He'll also be testifying at the Frye hearing and that March 2nd 3rd hearing as well.

 

[TotallyObsessed]

I completely agree with bolded assessment. In the end this is really hurting her chances of a fair trial.

Aplogize for the OT:

I just read John Grisham's "An Innocent Man" and got a good taste and feel for how the appeal system works in Capital Murder Death Penalty cases. If you read it, just imagine KC (1) going through the very lengthy appeals process that ALMOST NEVER HAPPENS on the first level (2) finding a competent, willing attorney to see an appeal through on the second Federal level...where the case could be overturned and sent back for retrial based on inefficiency of counsel and (3) getting an appeals court to even TAKE the case on appeal. It will take her years, and years and years. She would have to find a new attorney, because JB certainly wouldn't represent her on an appeal about himself being a .... well you know....inefficent counselor.

Edited: (1) above meaning an automatic appeal would, of course, be filed, but it almost never gets overturned on the first perusal by an appeals court.

 

[denjet]

How much time did CJBP give Baez to submit the reports?

Judge wouldn't give Baez the 30 days he asked for...so here's a motion asking for additional time...can't wait to read the compelling reasons WHY he needs an extension..this compiling of Expert Reports has been going on since December 2010...

On the UP side....At least Judge Perry got through to Baez and he has filed for an extension instead of letting the deadline pass and violating an Order again.

That's about the size of it ... Jose just wants an extension to the extension of the extension of the original deadline of Nov 30th if I have that right?
So he was sanctioned in an effort to remedy the problem, tried to have the sanction reversed and got shot down ... so what does he do? ... still doesn't comply ...
Please, please Judge Perry, it's time for the $500 fine a day ... otherwise this will just continue ...
How many times does the same issue have to be revisted ... cough it up Jose !! :maddening:

 

[cyberborg]

I'm THANKING what you had to say, JSR...... but I'm not LIKING what you had to say. :sigh:

HHJP was so adamant at the hearing that he would NOT give JB 30 days to produce the reports, and gave him 20 as it was.... now the day before they are due, JB asks for more time?

I'm just not getting how JB gets away with as much as he does.... assuming HHJP does grant him any amount of extension.

Something just smells fishy to me about all this....

It is very fishy but ... I also think CM has a role. CM is wily and has the 'old boy' connection. I think CM feels for everything and anything the Court orders that he can push the envelope given his seniority and confidence to do so.

Sadly it is all a game and the Defense has the role to delay and obfuscate all the way to trial. Not only are they defending an accused murderer but they can also play the DP card ... they have nothing to lose.

As we Countdown to Trial though the inevitable will occur and all of this brinkmanship will just be the 'fun' that CM sought ... the heart of the matter is grave --- with Caylee awaiting her justice and --- ICA waiting her sentence.

 

[sumbunny]

I am sure to quite sure the defense is stalling until after the march 2nd and 3rd hearing.
They don't want the SA to know what their experts will talk about, so that they won't be prepared to challenge them (in their minds)MOO.

 

[sumbunny]

Another thought. If the SA already has dates to depose these experts, it would seem unfair to not be able to properly read their reports to prepare for the questioning.

How can the defense continue to delay, ..thus causing the SA to keep having to set new appointments for depositions?

It sure does feel like a trial by ambush at this rate.

 

[JSR]

Aplogize for the OT:

I just read John Grisham's "An Innocent Man" and got a good taste and feel for how the appeal system works in Capital Murder Death Penalty cases. If you read it, just imagine KC (1) going through the very lengthy appeals process that ALMOST NEVER HAPPENS on the first level (2) finding a competent, willing attorney to see an appeal through on the second Federal level...where the case could be overturned and sent back for retrial based on inefficiency of counsel and (3) getting an appeals court to even TAKE the case on appeal. It will take her years, and years and years. She would have to find a new attorney, because JB certainly wouldn't represent her on an appeal about himself being a .... well you know....inefficent counselor.

Edited: (1) above meaning an automatic appeal would, of course, be filed, but it almost never gets overturned on the first perusal by an appeals court.

Correct. In CA it takes prisoners YEARS AND YEARS to even get an appellate attorney to take on their case to get the ball rolling. If I recall correctly Scott Peterson is STILL waiting to get an appellate attorney to take his case.

If/when (I feel it will be when) Casey is convicted the appeals process will take years and years to go through.

 

[Paintr]

SIGH! And again those 'written in stone' rules will prove to be written on water. The defense will be granted this extension and when this extension has expired they will still not have complied with the judicial order.

 

[lauriej]

http://www.ninthcircuit.org/news/Hi...s Motion for Sanctions - Motion to Compel.pdf

..in this order, judgeP says:

"following the hearing jan.5 2011 the parties agreed to recommend the following schedule for the production of these reports. the report of dr. kenneth furton shall be filed within 10 days of the date of this order,(16th) and the reports of the remaining experts shall be filed within 20 days."(26th.)

..done and ordered january 6, 2011.

..in the "order memoralizing the status hearing of january 14th", judgeP notes:

"mr. baez advises that dr.furton's report is expected this weekend".

http://www.docstoc.com/docs/69928422/20110119-Order-Memorializing-Status-Hearing

..i wonder if furton's arrived as promised over the weekend?
..he does have until 5pm tomorrow to come up with the others,surely he could have them by then if he made an effort..

 

[JSR]

Another thought. If the SA already has dates to depose these experts, it would seem unfair to not be able to properly read their reports to prepare for the questioning.

How can the defense continue to delay, ..thus causing the SA to keep having to set new appointments for depositions?

It sure does feel like a trial by ambush at this rate.

HHJP won't let the deposition dates stand. I'm sure he would also in turn give the State a short reprieve in taking the depositions so that they may adequately prepare for said depositions. With that said, it seems unlikely at the rate things are getting pushed back that the original trial date slated for May 2011 will go as planned.

Mark my words, I'll be surprised if the May 2011 trial date stands. HHJP is between a rock and a hard place. I don't envy him.

 

[JSR]

SIGH! And again those 'written in stone' rules will prove to be written on water. The defense will be granted this extension and when this extension has expired they will still not have complied with the judicial order.

Yup pretty much.

 

[strawberry]

Dr Kennith Furton ( I believe this is him)

http://www2.fiu.edu/~furtonk/

Quote " Much of his recent work has focused on studying the chemical basis of detector dog alerts to forensic specimens including accelerants, biotoxins, currency, drugs, explosives and humans (dead and alive). "

Guess he will challenge the trunk smell and or the Canine dog alerts?

He'll also be testifying at the Frye hearing and that March 2nd 3rd hearing as well.

Thank you. That reminds me, I was watching "Disappeared" last night and supposedly cadaver dogs hit on a buried dog....I thought they were only supposed to hit on human remains? Sorry for the OT.

 

[faefrost]

My guess is that HHJP will grant the extension.

I'm certainly not pro defense. But at LEAST he filed a motion for extension of time and not on the actual date the documents were due (but darn near close). It's an improvement from what he pulled last time. And filed that asinine filing about being "thwarted" by traffic. Baby steps people. Baby steps.

I imagine HHJP will split the baby in half and grant an extension but not the amount of time the defense is asking for, so say if JB and company are asking for 10 days HHJP will give them 5.

I think it will serriously depend on what is in that letter. if the letter is requesting extensions for 1 or a small number of specific experts, and includes valid reasons why the expert has not been able to provide the requested materials within the time frame (such as one out of country etc), while at the same time actually providing a substantial number of the required reports to the prosecutors, then yes he will probably get a reasonable extension on the limited hold outs.

if he is asking for a blanket extension on all of them... he's so toast.

 

[sumbunny]

http://www.ninthcircuit.org/news/Hi...s Motion for Sanctions - Motion to Compel.pdf

..in this order, judgeP says:

"following the hearing jan.5 2011 the parties agreed to recommend the following schedule for the production of these reports. the report of dr. kenneth furton shall be filed within 10 days of the date of this order,(16th) and the reports of the remaining experts shall be filed within 20 days."(26th.)

..done and ordered january 6, 2011.

..in the "order memoralizing the status hearing of january 14th", judgeP notes:

"mr. baez advises that dr.furton's report is expected this weekend".

http://www.docstoc.com/docs/69928422/20110119-Order-Memorializing-Status-Hearing

..i wonder if furton's arrived as promised over the weekend?
..he does have until 5pm tomorrow to come up with the others,surely he could have them by then if he made an effort..

BBM
Expected, ...umm hmm I wouldn't hold my breath on any expectations Baez has. (we've yet to see it)
In other words. It remains unfiled with the court.

 

[denjet]

BBM

Evidently the traffic problems in the area aren't as bad as they were back then.

Interesting how Baez isn't "thwarted by traffic" when he's filing for extensions .... and filing for school vacation? spring break? ... What's up with that? I checked the court for cases he's involved in and saw nothing scheduled for then ... it does happen to be the week before the March 2, 3 evidential hearings ... maybe Jose needs to cram for it ?

What a joke .. Judge Perry needs to enforce the $500 a day if he's ever going to get Baez to fess up and show the state he's got nothin' ... JMO ... I mean, the Judge DID deny the motion for reconsideration after all ...

IMO, Jose needs to learn that just because you file for an extension, doesn't mean you get one ... I also can't wait to read his "compelling" reasons ...

 

[nums24]

Casey Defense Wants More Time For Expert Reports
Defense Says One Expert's Report Is 'Moot'

Defense attorney Jose Baez also asked the court for an additional 45 days to comply with a court order for reports from two defense experts, Dr. Bill Rodriguez and Dr. Kathy Reichs.

Baez was fined by Judge Belvin Perry for not providing the reports in a timely manner. Perry said that any information that was not in the reports could not be presented at the trial.

http://www.wesh.com/r/26611777/detail.html

Read Motion: http://www.wesh.com/pdf/26611795/detail.html

Video Report:http://www.wesh.com/video/26611998/detail.html

 

[watergirl]

M - O - O -T

That spells moot.

Dr. Lee is moot.

 

[sumbunny]

Wow Furtons report has been handed over, according to this motion

 

[JSR]

I think it will serriously depend on what is in that letter. if the letter is requesting extensions for 1 or a small number of specific experts, and includes valid reasons why the expert has not been able to provide the requested materials within the time frame (such as one out of country etc), while at the same time actually providing a substantial number of the required reports to the prosecutors, then yes he will probably get a reasonable extension on the limited hold outs.

if he is asking for a blanket extension on all of them... he's so toast.

Oh I agree that he's toast no matter the reason for the extension. If JB thought he got a verbal lashing from HHJP before wait until he hears what HHJP has to say about this latest request.

But even if he asks for a blanket extension he will still get a small extension, at least I think he will. I have a feeling HHJP won't fully give him what he's asking for, just to set and keep a "tone" if you will. Considering that HHJP indicated he wouldn't allow any testimony of what's not in the written report, or found in depositions to be allowed at trial he doesn't want to put himself or this case in a position to allow such a very viable appeal issue. In the interests of justice HHJP doesn't have much choice to give the defense these extensions.

 

[sumbunny]

Werner Spitz...no report!