2011.01.06 Baez Slapped with Formal Sanction

[cecybeans]

Once again, WESH quote: "In his letter, Mason said there is a good faith reason not to oppose the motion, given the potential future impact on Baez."


What future impact? This is a man who ran bikini shops and did odd jobs because it took him years to pass the bar for "ethical" reasons (deadbeat dad) and basically had a rather lethargic career mostly handling DUI cases until this fell into his lap.

After which he managed to pull every lowdown, dirty trick available including fighting a gag order to flounce around on Geraldo and to give sleazy press conferences and file "motions" full of unsubstantiated innuendo about witnesses like RK. Not to mention spending two years and a quarter million dollars or more that he and his client used publicity to raise, with almost no discernible work product, so that the state had to pick up the tab for the bulk of what should have clearly been done in 2008. All the while whining and making a travesty out of filing a proper motion and speaking decently or respectfully in court. He had one of the highest rated judges and couldn't wait to try to get him to recuse himself on an inane technicality. He created a situation with two PI's that are so unprofessional their actions may border on the criminal (JL and DC both are in hot water). He is the poster boy of unprofessional behavior in and out of court and has earned himself many well-deserved nicknames on the "world wide web". The fact he has a client that he should have tried to plea out but instead wasted time and resources manufacturing Spaghetti SODDI scenarios so sordid they set a new low by targeting the many dedicated volunteers who searched for the victim has sent a message to the entire world that he wouldn't know how to behave ethically or to manage a career decently if he was given a map. He flushed that detritus himself despite help from many seasoned professionals.

Of all the weak things this defense has said, the fact that CM is acting like JB has any kind of reputation to even save is the most laughable of them all. He may play a lawyer on TV but his actions resemble something off the old Gong Show. And what about ANYTHING the defense has done has shown an iota of "good faith" to the state? Ever.

 

[A_News_Junkie]

THANK YOU for transcribing the letter!
It kinda sounds like maybe JA is considering not opposing the motion to vacate the contempt order??? I don't know why JB should be shown ANY leniency?

IMHO - this is CM interpretation that JA is considering it because he mentioned it.
I think it would be a huge mistake if JA did not oppose the motion for reconsideration and oppose dismissing the sanctions as the latest motion was full of lies and convenient twarts. <---- new word, look for it soon in a dictionary near you. There will be a photo of the team.

 

[Intermezzo]

Isn't this now "public" money? I think the game playing is costing the taxpayers a lot of money. And if CM in his letter to JA states, "JB is young and inexperienced" (not written but implied "and obviously way over his head") why would CM take on another high profile case? Seems irresponsible to me. jmo

Good Point...
As a Florida Taxpayer...I hope so..$1, $10, $100 or $583.73...whatever the amount..put it back in the State of Florida's Till

 

[LancelotLink]

They didn't have that excuse ready in time ... it took longer to prepare than expected. The State have more money and resources to be more prepared so the Defense needed more time to respond, as to the reason why.

:floorlaugh::floorlaugh:

 

[Macushla]

for this to play out - and I would love to see it happen:

I think Mr. Ashton should stand up and read CM's letter in open court and then spend the next 5 minutes talking about how he agrees with CM that JB's inexperience in matters such as this, and his ignorance of rule of discovery (due to his inexperience) that caused hiim to willfully violate the Judge's ruling. JB would have to sit there, with the cameras on him and listen to this and he could not do a thing about it. Mr. Ashton could then magnanimously agree not to cash the check and not contest the order to vacate the sanctions, and he sits down.

HHJP then denies the motion to vacate the sanctions with no further discussion and adjourns for the day. Oh wouldn't that be nice?

 

[LancelotLink]

I hope Ashton shows up in court tomorrow with a copy of the deposit slip showing that the check has been cashed.

Or new pocket squares!

 

[ThinkTank]

Originally Posted by LancelotLink
As soon as I finish this, I'm sure the letter will be released, but here goes anyway.

Dear Jeff,

Not withstanding the fact that I have filed a Motion for Reconsideration and that we have talked about you considering agreeing to the withdrawing of the contempt, I am enclosing herewith Mr Baez' check made payable to the State of Florida in the amount of $583.73.

I request that if you, in fact are indeed considering not opposing my Motion for Reconsideration and Vacating of the Contempt, that you hold this check pending the final resolution.

As you recall when we talked, I think there is a good faith reason not to oppose the reconsideration, given the potential future impact of the contempt citation on Mr. Baez, his youth and relative experience in these matters. I believe it would be the right thing to do, but that decision is certainly yours and, I guess, Lawson's.

LOL (I added for emphasis)

Thanks LancelotLink
bbm
iirc, it read "inexperience"

It should have read "INexperience" ... but it actually says "relative experience" ....

 

[Intermezzo]

Originally Posted by LancelotLink
As soon as I finish this, I'm sure the letter will be released, but here goes anyway.

Dear Jeff,

Not withstanding the fact that I have filed a Motion for Reconsideration and that we have talked about you considering agreeing to the withdrawing of the contempt, I am enclosing herewith Mr Baez' check made payable to the State of Florida in the amount of $583.73.

I request that if you, in fact are indeed considering not opposing my Motion for Reconsideration and Vacating of the Contempt, that you hold this check pending the final resolution.

As you recall when we talked, I think there is a good faith reason not to oppose the reconsideration, given the potential future impact of the contempt citation on Mr. Baez, his youth and experience in these matters. I believe it would be the right thing to do, but that decision is certainly yours and, I guess, Lawson's.

LOL (I added for emphasis)



It should have read "INexperience" ... but it actually says "experience" ....

:innocent: Thanks

relative experience in these matters

 

[LambChop]

Once again, WESH quote: "In his letter, Mason said there is a good faith reason not to oppose the motion, given the potential future impact on Baez.".

So does anyone think JB thought about what future impact on Mr. Kronk he would have when he stated Mr. Kronk was just as much a suspect as his client? jmo

 

[LancelotLink]

THANK YOU for transcribing the letter!
It kinda sounds like maybe JA is considering not opposing the motion to vacate the contempt order??? I don't know why JB should be shown ANY leniency?

You are most welcome!!
Sounds like CM called. Sounds like CM brought it up. Sounds like he never received an answer. Sounds like he's fishing. I just hope JA does not fall for this! I see he is a kind, caring and compassionate man, but this is not personal and JB did this to himself, over and over and over.

JB may want us to think he sees this as a game of one-up-manship, but he is hindering the prosecution. That is his goal.
No leniency! He was given more than one shot at acting like a professional. This is not about his tender age, thumnbsucking, or inexperience. That is a load of piffle! He's not an errant child, CM and this will not work.
I hope.

 

[LancelotLink]

:innocent: Thanks

relative experience in these matters

Thanks. It's dark in here. My dog was woofing. Traffic was horrible on the I4. :floorlaugh:

 

[watergirl]

Once again, WESH quote: "In his letter, Mason said there is a good faith reason not to oppose the motion, given the potential future impact on Baez."


What future impact? This is a man who ran bikini shops and did odd jobs because it took him years to pass the bar for "ethical" reasons (deadbeat dad) and basically had a rather lethargic career mostly handling DUI cases until this fell into his lap.

After which he managed to pull every lowdown, dirty trick available including fighting a gag order to flounce around on Geraldo and to give sleazy press conferences and file "motions" full of unsubstantiated innuendo about witnesses like RK. Not to mention spending two years and a quarter million dollars or more that he and his client used publicity to raise, with almost no discernible work product, so that the state had to pick up the tab for the bulk of what should have clearly been done in 2008. All the while whining and making a travesty out of filing a proper motion and speaking decently or respectfully in court. He had one of the highest rated judges and couldn't wait to try to get him to recuse himself on an inane technicality. He created a situation with two PI's that are so unprofessional their actions may border on the criminal (JL and DC both are in hot water). He is the poster boy of unprofessional behavior in and out of court and has earned himself many well-deserved nicknames on the "world wide web". The fact he has a client that he should have tried to plea out but instead wasted time and resources manufacturing Spaghetti SODDI scenarios so sordid they set a new low by targeting the many dedicated volunteers who searched for the victim has sent a message to the entire world that he wouldn't know how to behave ethically or to manage a career decently if he was given a map. He flushed that detritus himself despite help from many seasoned professionals.

Of all the weak things this defense has said, the fact that CM is acting like JB has any kind of reputation to even save is the most laughable of them all. He may play a lawyer on TV but his actions resemble something off the old Gong Show. And what about ANYTHING the defense has done has shown an iota of "good faith" to the state? Ever.

:bowdown:

 

[ZsaZsa]

Once again, WESH quote: "In his letter, Mason said there is a good faith reason not to oppose the motion, given the potential future impact on Baez."


What future impact? This is a man who ran bikini shops and did odd jobs because it took him years to pass the bar for "ethical" reasons (deadbeat dad) and basically had a rather lethargic career mostly handling DUI cases until this fell into his lap.

After which he managed to pull every lowdown, dirty trick available including fighting a gag order to flounce around on Geraldo and to give sleazy press conferences and file "motions" full of unsubstantiated innuendo about witnesses like RK. Not to mention spending two years and a quarter million dollars or more that he and his client used publicity to raise, with almost no discernible work product, so that the state had to pick up the tab for the bulk of what should have clearly been done in 2008. All the while whining and making a travesty out of filing a proper motion and speaking decently or respectfully in court. He had one of the highest rated judges and couldn't wait to try to get him to recuse himself on an inane technicality. He created a situation with two PI's that are so unprofessional their actions may border on the criminal (JL and DC both are in hot water). He is the poster boy of unprofessional behavior in and out of court and has earned himself many well-deserved nicknames on the "world wide web". The fact he has a client that he should have tried to plea out but instead wasted time and resources manufacturing Spaghetti SODDI scenarios so sordid they set a new low by targeting the many dedicated volunteers who searched for the victim has sent a message to the entire world that he wouldn't know how to behave ethically or to manage a career decently if he was given a map. He flushed that detritus himself despite help from many seasoned professionals.

Of all the weak things this defense has said, the fact that CM is acting like JB has any kind of reputation to even save is the most laughable of them all. He may play a lawyer on TV but his actions resemble something off the old Gong Show. And what about ANYTHING the defense has done has shown an iota of "good faith" to the state? Ever.

Potential future effect my *** .
He has managed to practice Law despite being a deadbeat Dad, despite having to be sued before he will pay his bills, despite being a bankrupt, despite being foreclosed upon. He is now being sued for ineffective assistance to his client. Somehow he has managed to use up $250K of his current client's money with no accounting to date. He has a disreputable reputation and yet all these factors have not prevented him from practising Law. Why does CM think a sanction now will impact his reputation and career?

 

[ThinkTank]

You are most welcome!!
Sounds like CM called. Sounds like CM brought it up. Sounds like he never received an answer. Sounds like he's fishing. I just hope JA does not fall for this! I see he is a kind, caring and compassionate man, but this is not personal and JB did this to himself, over and over and over.

JB may want us to think he sees this as a game of one-up-manship, but he is hindering the prosecution. That is his goal.
No leniency! He was given more than one shot at acting like a professional. This is not about his tender age, thumnbsucking, or inexperience. That is a load of piffle! He's not an errant child, CM and this will not work.
I hope.

It wouldn't be the first time the Defense has "misrepresented" what another attorney has said .... thinking of NeJame .... thinking of Conway .... thinking of LDB and JA ....

 

[kaRN]

Was the DNA filed today as ordered or just the bad cheque and lame letter?

 

[cyberborg]

Demonstrate leadership.

_IF_ the Defense had now fully complied with the Court's order on the discovery _THEN_ you could consider a break on the sanction and fine.

The WHOLE point of the sanction and fine was that JB had not complied with the Court's order on discovery and did not consider it necessary to seek an extension.

So ... the Defense's priority is to try to retract the sanction and fine ... putting the card before the horse. The priority should be to FULLY satisfy the discovery requirements before this motion should ever be filed and/or considered. If it was retracted then the Defense is off-the-hook and continue the games.

Fully comply with the Court's order on discovery and then ... maybe ... file a motion to reverse. Sheeesh! Priorities. The SA filed the sanction motion because they were not getting compliance. You don't seek relief BEFORE you comply.

 

[ThinkTank]

Is this possibly a matter of CM not wanting a sanction on co-counsel on a case that CM is involved with? A pride factor for CM. Nothing to do with CM's concern for JB or his reputation or FL Bar record or anything like that. All about CM and HIS reputation!

 

[Ssejors]

Once again, WESH quote: "In his letter, Mason said there is a good faith reason not to oppose the motion, given the potential future impact on Baez."


What future impact? This is a man who ran bikini shops and did odd jobs because it took him years to pass the bar for "ethical" reasons (deadbeat dad) and basically had a rather lethargic career mostly handling DUI cases until this fell into his lap.

After which he managed to pull every lowdown, dirty trick available including fighting a gag order to flounce around on Geraldo and to give sleazy press conferences and file "motions" full of unsubstantiated innuendo about witnesses like RK. Not to mention spending two years and a quarter million dollars or more that he and his client used publicity to raise, with almost no discernible work product, so that the state had to pick up the tab for the bulk of what should have clearly been done in 2008. All the while whining and making a travesty out of filing a proper motion and speaking decently or respectfully in court. He had one of the highest rated judges and couldn't wait to try to get him to recuse himself on an inane technicality. He created a situation with two PI's that are so unprofessional their actions may border on the criminal (JL and DC both are in hot water). He is the poster boy of unprofessional behavior in and out of court and has earned himself many well-deserved nicknames on the "world wide web". The fact he has a client that he should have tried to plea out but instead wasted time and resources manufacturing Spaghetti SODDI scenarios so sordid they set a new low by targeting the many dedicated volunteers who searched for the victim has sent a message to the entire world that he wouldn't know how to behave ethically or to manage a career decently if he was given a map. He flushed that detritus himself despite help from many seasoned professionals.

Of all the weak things this defense has said, the fact that CM is acting like JB has any kind of reputation to even save is the most laughable of them all. He may play a lawyer on TV but his actions resemble something off the old Gong Show. And what about ANYTHING the defense has done has shown an iota of "good faith" to the state? Ever.

I'm with Watergirl on this one, One of the best posts I have ever read here on WS.. Truly!


BBM! (blue by me)

 

[Soju]

So do you guys think JB knew CM would submit this letter to JA? What do you think JB thinks of this letter?

It reminds me of when I was in elementary school. There was this weird, bed-wetting, loser kid that lived down the block and all the other kids hated him and didn't want to play with him. He was super annoying and just socially inept, even at that young age. His mom used to beg our parents to make us play with him, and give us all sorts of candy, etc if we'd go there and tolerate him. I wonder how that kid would've felt knowing that we were only nice to him because his mommy went behind his back and begged.

 

[Leila]

This is what they are talking about, CM filed on JB's behalf requesting the sanction be vacated, JB claims traffic made them turn in the info and blamed traffic:

http://www.ninthcircuit.org/news/Hi...el & Request to Vacate Fining of Contempt.pdf

I'm just catching up on today's news, and I just can't believe how the defense is being so arrogant and inconsiderate with CM's motion!

It's as if JB thinks the rules of the court don't apply to him. He thought he could ignore JBP rulings and court orders and when called on it, he could simply get away with, "sorry, it won't happen again." He didn't think JBP meant it when he set deadlines. The sanction JB received was a wake up call to follow court rules and court orders.

For CM to write this letter requesting that the sanction be vacated, is just another indication that both he and JB don't respect the court rules. Asking the judge to vacate the sanction is like saying, "we didn't think you meant it when you set a deadline, but now we know you really really DID mean it, so if JB promises to follow the rules from now on, I'm requesting that you don't punish him." It demeans JBP's court order and the rules of the court.

And............the reason he gave for being late and not meeting the deadline was due to traffic! That's the weakest excuse I've ever heard! Everyone has to deal with traffic no matter where they live. It's something we all live with and plan around. We all know that if we have an appointment in another city and the traffic is heavy, we allow extra time for getting there.