2011.01.06 Baez Slapped with Formal Sanction

[Intermezzo]

Well his house is in foreclosure, his income is only $3 per hour- I wonder if he'll have to go over to Amscot and get a pay day advance in order to pay JAshton? The irony would be very rich indeed..

Maybe Casey can loan him a few...oh wait she doesn't have access to Cindy's bank account where she's living now.

 

[Kat]

I can't add anything of value.

But I really really really love the descriptive used "slapped"

Heh. He got SLAPPED with formal sanction.

Sorry. :blushing:

 

[logicalgirl]

Where did you find a written report by HHJP?

Nums24 has it posted in Todays News.....oops and Reality Orlando has it posted in the orlando Sentinel at the top/first of this thread.

 

[essies]

Well his house is in foreclosure, his income is only $3 per hour- I wonder if he'll have to go over to Amscot and get a pay day advance in order to pay JAshton? The irony would be very rich indeed..

Loans only go up to $500 and you need a paystub!:great:
http://www.amscotfinancial.com/financial/pages/faq.htm

 

[logicalgirl]

I noticed the article said the defense and prosecution had come to an 'agreement' about when the expert's reports were to be in. JB has 20 days for some and 10 days for one of them. I wish they hadn't given JB so much time, I am sure he is going to file a motion saying he shouldn't have to comply with the judge's ruling.

Yes, I saw that - to me that looked like JA got his "agreement" and Baez has to toe the line. LOL :floorlaugh:

 

[Intermezzo]

I bet it's really going to chap JB's @$$ to hand over a check of his own $$$ over to the state.

I FREAKING love it!!!!!!!!
:great::great::great::great:

Now now JSR please try and contain yourself ...
oh what the hay I'll join you

:great::great::great::great: and raise you a :skip: and a :silly:

eace:

 

[Lanie]

Embarrassing to say the least. This is real Court time, not play. The e-mail he sent to the state re the witnesses was beyond juvenile. It is hard to believe he would do this knowing that we have a Judge on this case who has repeatedly said he wants professionalism.

I shall once again refrain on my opinion of Mr. Baez.

ITA, and also what I don't understand is how an attorney with 40 years experience behind him who has even won an award for being an outstanding lawyer and who claims to specialize in criminal defense, aka Cheney Mason, allows this to go on. Baez's name may be on the motion, and he may be the one with the formally filed sanctions against him, but as a member, and IMO #2 of the Baez legal team, this reflects very poorly on Mr. Mason as well.

Wasn't there a deadline on when the attorneys on this team could bail? Because if I was Mason, and there isn't, or it hasn't yet passed, I would have filed my papers to get out of this mess before the ink was dry on JP's sanctions. FGS, I am a lay person who freely admits my legal education comes from episodes of Law & Order, and I would not allow Baez to soil my name and reputation the way he seems to be doing Mason's.

 

[drip~drop]

"Baez has to provide the court with a copy of the check."

Baez, you have not only lost Judge Perry's respect, you have also lost his trust.

Good luck working with *that.*

Plus he has to deliver the check to Mr. Ashton.:floorlaugh::great::woohoo:

moo:cow:

 

[ThinkTank]

Originally Posted by Macushla
I noticed the article said the defense and prosecution had come to an 'agreement' about when the expert's reports were to be in. JB has 20 days for some and 10 days for one of them. I wish they hadn't given JB so much time, I am sure he is going to file a motion saying he shouldn't have to comply with the judge's ruling.

I believe he said as much yesterday. You know, for an attorney who can't open his mouth without the words "I don't anticipate any problems..." spilling forth, he has a remarkable way of running into problems.

I don't believe JB was willing to work on a staggered schedule of turning over the Defense Expert reports, with JA.
JA said in the Hearing, to the Judge, that he NEEDED the Report from Defense Expert Furton SOON because he needs to schedule his deposition, and that is what the Judge gave him, in the Order.

Judge Perry said that he would like their input ... but he did not "need" their input (regarding the schedule to turn over Expert Reports) .... so, apparently the Judge decided that the Furton Report must be turned over in 10 days, and forget a staggered schedule, and just required the Defense to turn over all the rest of the Expert Reports in 20 days (not the 30 days that JB had requested).

I noticed in the Order that Judge Perry acknowledged the "hint" that Mason and JB have been inserting at every Hearing lately, which is that the Defense is not "required to ask their Experts to produce a full written report" ..... "BUT" ..... the Defense still must obey the Judge and produce the info that the Judge says they must produce.

01/06/2011 Order Granting State's Motion for Sanctions / Motion to Compel
http://www.wesh.com/pdf/26389960/detail.html

page 3 - "While it is indeed the right of defense counsel not to require these experts to produce full written reports, counsel cannot disregard the Court's specific instruction to provide the information set forth in paragraphs 3, 4, and 5 of the Order Granting State's Motion for Clarification/ To Compel Complaince With Order for Additional Discovery"

 

[logicalgirl]

Now now JSR please try and contain yourself ...
oh what the hay I'll join you

:great::great::great::great: and raise you a :skip: and a :silly:

eace:

Absolutely JSR - just settle down now.....
:skip: :skip: :skip: :skip: :skip: :skip: :skip: :skip: :skip: :skip:

 

[Solace]

ITA, and also what I don't understand is how an attorney with 40 years experience behind him who has even won an award for being an outstanding lawyer and who claims to specialize in criminal defense, aka Cheney Mason, allows this to go on. Baez's name may be on the motion, and he may be the one with the formally filed sanctions against him, but as a member, and IMO #2 of the Baez legal team, this reflects very poorly on Mr. Mason as well.

Wasn't there a deadline on when the attorneys on this team could bail? Because if I was Mason, and there isn't, or it hasn't yet passed, I would have filed my papers to get out of this mess before the ink was dry on JP's sanctions. FGS, I am a lay person who freely admits my legal education comes from episodes of Law & Order, and I would not allow Baez to soil my name and reputation the way he seems to be doing Mason's.

Apparently he does it because "it's fun"!

 

[logicalgirl]

Originally Posted by Macushla
I noticed the article said the defense and prosecution had come to an 'agreement' about when the expert's reports were to be in. JB has 20 days for some and 10 days for one of them. I wish they hadn't given JB so much time, I am sure he is going to file a motion saying he shouldn't have to comply with the judge's ruling.



I don't believe JB was willing to work on a staggered schedule of turning over the Defense Expert reports, with JA.
JA said in the Hearing, to the Judge, that he NEEDED the Report from Defense Expert Furton SOON because he needs to schedule his deposition, and that is what the Judge gave him, in the Order.

Judge Perry said that he would like their input ... but he did not "need" their input (regarding the schedule to turn over Expert Reports) .... so, apparently the Judge decided that the Furton Report must be turned over in 10 days, and forget a staggered schedule, and just required the Defense to turn over all the rest of the Expert Reports in 20 days (not the 30 days that JB had requested).

I noticed in the Order that Judge Perry acknowledged the "hint" that Mason and JB have been inserting at every Hearing lately, which is that the Defense is not "required to ask their Experts to produce a full written report" ..... "BUT" ..... the Defense still must obey the Judge and produce the info that the Judge says they must produce.

01/06/2011 Order Granting State's Motion for Sanctions / Motion to Compel
http://www.wesh.com/pdf/26389960/detail.html

page 3 - "While it is indeed the right of defense counsel not to require these experts to produce full written reports, counsel cannot disregard the Court's specific instruction to provide the information set forth in paragraphs 3, 4, and 5 of the Order Granting State's Motion for Clarification/ To Compel Complaince With Order for Additional Discovery"

Thank you so much for this precise information ThinkTank - and I believe this is coming from CM, rather than Baez. I noticed at the last hearing when Baez said we don't have to supply an expert report and now we do, he turned to look very pointedly at Mason, as if to say, nod and back me up here cause you told me this was true.

I also think HHJP has not included CM in the sanctions because he suspects CM has something else to try to put over on the court re these experts, and he's playing a bit of warning and double-dare ya here.

 

[drip~drop]

Absolutely JSR - just settle down now.....
:skip: :skip: :skip: :skip: :skip: :skip: :skip: :skip: :skip: :skip:

It's:floorlaugh: hard:great: to :woohoo:settle down:floorlaugh: when :great:
Baez :floorlaugh:got his :rocker::great:slap.
He must be totally fuming over this. imo

 

[ZsaZsa]

I have been enamored of Bill Sheaffer for so long that I feel like I'm being unfaithful saying this, but .....I LOVE HHJP.
:woohoo::woohoo:

 

[logicalgirl]

It's:floorlaugh: hard:great: to :woohoo:settle down:floorlaugh: when :great:
Baez :floorlaugh:got his :rocker::great:slap.
He must be totally fuming over this. imo

ESPECIALLY if he actually reads here! :floorlaugh:

 

[Firefly]

It's:floorlaugh: hard:great: to :woohoo:settle down:floorlaugh: when :great:
Baez :floorlaugh:got his :rocker::great:slap.
He must be totally fuming over this. imo

NO, I can imagine the FUME that Cindy and the rest of the family is in. He is like Casey, wondering how he can get out of this mess and still look good.

 

[ZsaZsa]

Apparently he does it because "it's fun"!

When he was first interviewed as to why he was joiining the defense he stated that he was 'sick and tired of watching what was going on' - I wonder how he feels now?

 

[ZsaZsa]

I was just thinking about Kathi Belich and Bill Sheaffer- for those WS'ers who live in the Orlando area- where are they lately? I haven't seen her questioning Baez outside court recently,as she has always done, nor any of her Q&A sessions with Bill Sheaffer...

 

[believe09]

Seems Judge Perry is putting his foot down:

"Chief Judge Belvin Perry today filed his written order hitting attorney Jose Baez with a sanction for a "willful violation" of an earlier court order to turn over expert witness discovery information to the prosecution.

As a result, Baez will have to pay $583.73 in prosecutor's "attorney's fees" and provide written reports for all expert witnesses."

http://www.orlandosentinel.com/news/os-jose-baez-sanction-order-20110106,0,2881376.story

So, will this have any impact on how the defense moves forward? Do you think the stalling on handing over these documents is due to incompetence or does the defense really have nothing?

Personally, I think their experts substantially agree with the states evidence.

 

[faefrost]

ITA, and also what I don't understand is how an attorney with 40 years experience behind him who has even won an award for being an outstanding lawyer and who claims to specialize in criminal defense, aka Cheney Mason, allows this to go on. Baez's name may be on the motion, and he may be the one with the formally filed sanctions against him, but as a member, and IMO #2 of the Baez legal team, this reflects very poorly on Mr. Mason as well.

Wasn't there a deadline on when the attorneys on this team could bail? Because if I was Mason, and there isn't, or it hasn't yet passed, I would have filed my papers to get out of this mess before the ink was dry on JP's sanctions. FGS, I am a lay person who freely admits my legal education comes from episodes of Law & Order, and I would not allow Baez to soil my name and reputation the way he seems to be doing Mason's.

That expression of "I'm not with HIM! ->" so clearly on CM's face during yesterdays hearing is a sign that yeah he probably gets this now. Notice how he was not willing to stick his neck out when JB started fumbling about the report schedules? To be fair to CM it is doubtful that in those 40 years he has ever tried to try a case with another lawyer like JB. I would like to hope that JB is fairly unusual. Lets also not forget that after 40 years experience in that sort of profession you can drift out of the practice of doing it yourself, assuming that the more junior members of the team are picking up the slack on the day to day stuff. CM lent his name and reputation to this, but really hasn't been paying attention the way he obviously should.

Unfortunately for all involved neither CM nor JB can bail on this case. CM is limited because he is the required DP qualified attorney. In order to escape he needs to get someone equally qualified to replace himself. One speculation (and thats all it is is pure speculation) about why retired DP specialist Judge Eaton was in the courtroom on Monday, was that CM might have been trying to lure him onto the defense team.

It's even worse for JB. recent Florida law (enacted pretty much in anticipation of JB himself.) prevents a privately hired attorney, who has accepted payment to represent a client, from bailing on the case should the client be declared indigent. JB took his substantial portion of that ABC check. He's stuck until or unless KC fires him and the judge agrees.