2011.06.20 Sidebar Thread (Trial Day Twenty-three)

[allycat1208]

what exactly happened this morning, after perry recessed until 10:25 to allow the dt's next witness to arrive? did the court reconvene at 10:25 only to be told that it would recess until tomorrow? if so, was the jury present?

JA stated that he did not get the transcript for the deposed witness on Saturday, Dr. Rodriguez, until this morning I believe and had no time to go over the transcript and study it. JA requested that Dr. Rodriguez should be brought on to the witness stand at a later date. JB then complained that JA has plenty of time and seemed to imply that JA should be reprimanded for being irresponsible in handling procedures. They were also waiting for another witness today but I never figured out if he just did not come or what. The jury was not present. It seemed like it was not explained why they are in recess until tomorrow.

 

[MaryAnn]

I don't know the average time, but I've heard of juries coming back in one hour. I am not joking. And this case, I expect them to come back in like ten minutes because of Baez and Casey. I will be completely shocked if they go over an hour, no, half an hour to deliberate.

I doubt they will leave the Jury Box. They will tell the Judge no deliberations are necessary, they all have their minds made up. :floorlaugh: GUILTY ON ALL CHARGES!! YAY

 

[loves2bmom]

I don't know the average time, but I've heard of juries coming back in one hour. I am not joking. And this case, I expect them to come back in like ten minutes because of Baez and Casey. I will be completely shocked if they go over an hour, no, half an hour to deliberate.

I think they'll go at least a couple of days so they can go over all of that evidence. Especially considering that some of it they didn't review yet, right? In comparison, OJ Jury took only 4 hours and came back not guilty. Scott Peterson jury took 12 hours over 3 days or was it 4? with a guilty verdict.

 

[Soulmagent]

IMO The state was not reprimanded in any way whatsoever. Some people (talking heads mostly) are stretching it pretty thin to insinuate that it was anything to do with the state. While HHJP did not necessarily single Baez out in his speech he gave after Baez spoke, and even mentioned both sides a few times, I don't think there was anyone in that court room or watching that had any question who he was talking to.

After Ashton gave his information and argument to the judge at the beginning of the morning, Baez took to the podium and in his dissertation he whined a lot that he felt Ashton had also been playing games at other times but only Baez was threatened with sanctions and he felt Ashton should have also. A lot of whining that he was being unfairly singled out. He tried to turn the whole fiasco of his trying to blindside and ignore the judge's discovery court order back on Ashton. I do believe he failed miserably given HHJP response once Baez was done.

Also, as with his behavior on Saturday while HHJP was giving his dressing down, Baez was once again very disrespectful to the court in his body language and expressions. IMO of course.

At least the above is my take on the happenings in court this morning. Others here may have additional observations to add or corrections to make.

:seeya:

I think there may have been some indication that HHJP was letting the state know the depo's are not the absolute ,and things may come up as a sub issues that were not adressed by the main opinion and those are okay but the court order was not meant to be exclusive as to anything else the witness may say as long as it come from the main opinion.

He is very upset with both sides.

 

[TotallyObsessed]

Also, if interested, here is the opinion issued by the Florida Supreme Court re JB's licensure into the world of law....

http://www.docstoc.com/docs/68212901/FLORIDA-BOARD-OF-BAR-EXAMINERS-RE-Jose-Baez

 

[TotallyObsessed]

And who remembers the days of JB wanting his client to be released on bond so he and she could....

Casey's Attorney Wants To Be Able To Retrace Her Steps With Her... Casey Anthony, the mother of missing 2-year-old Caylee Anthony, remained jailed Friday as her attorney continued trying to get her bond lowered. Casey's attorney says, instead of her sitting jail or even under court order to stay home, he wants to be able to retrace her steps with her by his side.

"Is it safe to say you believe the babysitter story?" WFTV reporter Steve Barrett asked attorney Jose Baez.

"Absolutely," he said.

 

[grandmaj]

This is just a GUESS.....

But saw a youtube video of legal commentary this morning and the reporter asked him about the unexpected comment by HHJP in court about having just dealt with an issue "concerning Rules of Sequestration"....

The legal commentor (can't recall who) said since it involved Rules of Seq., it probably did NOT involve an actual juror but most likely a witness....

I am now wondering if the "issue" involved "someone" possibly revealing a juror's name...and HHJP nipped it in the bud by this court order???

I think this particular issue was that Dr. Spitz had done news shows leading up to his testimony.

But, hypothetical this. The only people having the names of the jurors are the Judge and the lawyers, and the court. So what if, someone to cause a mistrial released the names of the jurors. Now the media knows they would be in trouble if they didn't submit a public records request so did that. But the names are already out there and the Judge is trying to lay a roadblock to the pulication of them.

 

[pinkfly]

Just a little refresher course in the Hon. JB's resume...

http://www.tcpalm.com/news/2009/may/03/casey-anthonys-lawyer-jose-baez-rejected-florida-b/

"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."

He worked instead as a paralegal for the Miami-Dade public defender and then taught Internet research to lawyers and started four business ventures, including two bikini companies. Before Florida Bar officials admitted him in 2005, he had to demonstrate that he had rehabilitated himself.

Additionally, the Board found that J.A.B.'s misrepresentations and lack of candor in his answers to the specifications and during his formal hearing testimony were further grounds for disqualification," the Supreme Court wrote.

WOW.....Thanks TotallyO (PS I miss the pocket square stinky)

 

[MissJames]

I doubt they will leave the Jury Box. They will tell the Judge no deliberations are necessary, they all have their minds made up. :floorlaugh: GUILTY ON ALL CHARGES!! YAY

Oh, IDK , They may want one more afternoon with the dessert lady! I would :great:

 

[TotallyObsessed]

JB...the gift that keeps on giving.

http://sprocket-trials.blogspot.com/2008/10/casey-anthonys-attorney-jose-baez-then.html

But at Casey's bond hearing, he admitted there is something to the dead body stench.

Here, Baez was clearly in a battle between Cindy Anthony and the truth.

"There is circumstantial evidence of a possible homicide. I will give them that. But circumstantial evidence apparently has not led them, confident enough to charge her with any specific homicide, or kidnapping, or any capital offense," he said.

 

[ExpectingUnicorns]

Her body was so tiny it didn't need to be made smaller to fit in a bag. I'm coming around to thinking let these idiots talk all they want. As long as they keep making stupid statements like Dr. Baden just did, they are only helping prove the Defense has no case.

It's awful, isn't it? She was so tiny. I didn't realize how very small until I read the dimensions of the laundry bag (in the autopsy report). http://www.wesh.com/download/2009/0619/19802034.pdf

The laundry bag is only 24 inches high and 16 and a half inches in diameter. And she fit inside of it. *sigh*

 

[Oakley]

I'm wondering if that invisible 3rd witness might have been an expert of some kind that didn't make a report like these others that Baez tried to slip in... It sure looks like Baez & company are doing their damndest to "ambush" the prosecution....

BBM ITA AND so boldly at that, that I am beginning to get the feeling they are just daring HHJP to declare a mistrial. That is clearly what they want, have requested it several times. This trial just doesn't seem to be working out for them and they want a do over, IMO.

 

[grandmaj]

I'd like to think that while we did not see a "dressing down" given to Baez on exactly what you say above, that he (HHJP) did do it in chambers. It defies logic and common sense for Baez to think (1) that he can just send someone to the state attorney's office on any day, unscheduled, but on this particular day Father's Day for pete's sake, and expect them to be given a deposition. and; (2) that Ashton would have anything at all to ask in a deposition since his report (if you want to call it that) lacked any opinions or even said what he would testify about.

I can clearly see Ashton's surprise in seeing this particular witness at the courthouse Friday. He probably thought "what is he doing here? His report said absolutely nothing so what is he going to say on the stand?". Why on earth would he have even asked for this deposition in the past. He most likely thought this expert would not even be called to the stand since what was given over as this expert's report contained nothing in it.

It didn't sound like it was even until Ashton turned him away yesterday afternoon that he even got the later 2 page report with the 45 picture slide show. Now, that has my antenna up. How does one put together a 45 picture slide show in a few hours? I suspect that was already put together along with the 2 page report long before it just all the sudden appeared to Ashton on Sunday evening. Wouldn't that be an interesting question/answer session to hear HHJP have with this witness.

Absolutely correct. Add that to having to hire a court stenographer, and....... trying to one up the State. He was not in compliance with the court order. And, now instead of him Baez trying to work out an agreement with J. A. he sends the witness to do his job? Why would this witness agree to testify at this point. I'd get on the first plane out or Orlando if Baez put my credibility and reputation on the line like this. NO way. This reeks of sandbagging.

 

[SondraK]

I think any condesending, sarcastic, or harsh speaking that JA has done should be overlooked. Can you imagine how frustrating JB's actions are to someone who is honorable, organized, and conscientious about his presentation of this case??? I am just surprised he has not blown his top. And that goes for HHJP also.

JMHO of course

 

[aeneas1]

JA stated that he did not get the transcript for the deposed witness on Saturday, Dr. Rodriguez, until this morning I believe and had no time to go over the transcript and study it. JA requested that Dr. Rodriguez should be brought on to the witness stand at a later date. JB then complained that JA has plenty of time and seemed to imply that JA should be reprimanded for being irresponsible in handling procedures. They were also waiting for another witness today but I never figured out if he just did not come or what. The jury was not present. It seemed like it was not explained why they are in recess until tomorrow.

yeah, i watched the scolding, saw everything that went down before perry recessed until 10:25 - just didn't know what happened after that, if the court and jury reconvened only to hear perry cancel the day's proceedings, if the dt's witness was a no show or couldn't make it within the time frame jb promised...

 

[Talina]

I think this particular issue was that Dr. Spitz had done news shows leading up to his testimony.

But, hypothetical this. The only people having the names of the jurors are the Judge and the lawyers, and the court. So what if, someone to cause a mistrial released the names of the jurors. Now the media knows they would be in trouble if they didn't submit a public records request so did that. But the names are already out there and the Judge is trying to lay a roadblock to the pulication of them.

Bold emphasis is mine - I too think it had to do with Dr. Spitz. At the beginning of the trial on Sat when HHJP asked about the scheduled 8:30 hearing on the possible Rules of Sequestration Violation, Ashton told him that he had spoken to Dr. Spitz and worked everything out. Later in the day I saw a reporter saying (can't remember who but I think I recall it being Bill Shaeffer ) that Ashton thought Dr.Spitz had watched Dr. G's testimony and that would have been a violation. Apparently, Dr.Spitz must have convinced Ashton that he did not. MOO

 

[JenniferTx]

I don't think JB cares either.

It's pretty sad when you can't present a proper case so then your only hope is to try to make a mistrial happen.

I doubt JB cares about his future as a practicing lawyer either. He's made all types of new friends during the past three years. LKB, Geraldo, AL, etc. He's probably the next talking head we'll see on HLN as a legal consultant.

Oh my word! I never thought about Baez becoming a talking head. That would be horrible! He is about annoying so he would fit right in I'm sure. I was just hoping that once the trial is over he just kinda goes away and gets a job in a field that he is a tad bit better qualified for. I'm sure some of us here at WS could have presented a better defense than he did. Just sayin....

 

[Broderick]

Speaking of unethical......

One of the talking head shows from Friday or Saturday had Wendy Murphy....I don't normally like her commentary, however she was PIZZED to the max about the unethical behavior being done by the defense team in this case. She was so disgusted she could hardly talk. She said it is a huge problem as to how the judicial system has evolved to this....dirty courtroom tactics, trial by ambush, leaks to the media, etc. and something should be done. IMHO today's antics by JB wherein he pushed HHJP up against the proverbial wall shows just that. He is playing dirty, hoping for a mistrial or an appealable issue and it simply isn't right. HHJP seems to be an honest and upstanding man, attorney, judge who really really takes the rules of court very seriously. I think he is personally and professionally insulted by the likes of JB.

Wendy? LOL. I can't keep up with her multiple personalities anymore.

 

[LyndyLoo]

Also, if interested, here is the opinion issued by the Florida Supreme Court re JB's licensure into the world of law....

http://www.docstoc.com/docs/68212901/FLORIDA-BOARD-OF-BAR-EXAMINERS-RE-Jose-Baez

Very interesting..As they say..A Leopard doesnt change their spots..shows in some of their comments..JB hasnt changed one bit since that decision...he was noted to be less than honest in his representations...Humm sound familiar??

JP is having to deal with this in a very complicated DP trial..all the while trying to protect the defendents rights..yet finds himself having to protect the record..and I really do see JP is likely be setting a precident for disallowing certain witness testimony..thus he is collecting all his evidence to back whatever he rules...I really respect JP..He has been handed a realy "HOT POTATOE" by Judge Strickland..but glad Judge Strickland did so :great:

 

[katydid23]

I think there may have been some indication that HHJP was letting the state know the depo's are not the absolute ,and things may come up as a sub issues that were not adressed by the main opinion and those are okay but the court order was not meant to be exclusive as to anything else the witness may say as long as it come from the main opinion.

He is very upset with both sides.

I see no indication he is upset with both sides. The only side being threatened with sanctions is the DT so far. The prosecution finished their Case in Chief AHEAD OF TIME. They brought their witnesses in quickly and did their questioning promptly, with no big issues or problems. They had one problem with color vs black and white photos so the judge kept the photos out. I did not see the state cry and moan about it. They sucked it up and moved on.

The judge is angry at the DT, very angry. He is angry about their unfair sliming of Vasco and Baez will be sorry about that fiasco, imo. And he is angry that the last 3 experts discussed opinions with Baez that Baez did not pass on to the state. That was a clear attempt to sandbag and blindside the prosecution. It is pathetic behavior and I hope he is sanctioned harshly in the end.

I highly doubt that Ashton or Burdick will be fined or sanctioned at that time.
Ashton does get called out for raising his voice or acting impatient, but he has not fallen to the depths of Baez'z behavior, imo.