All Texas Equusearch-Related Filings #1

[believe09]

Can someone check in with R Hornsby on what Mason's rep is REALLY? Because the difference in the quality of the motions between MN and Mason are quite remarkable...I would expect a difference with JB because he has less experience. but Mason is head shaking.

:blushing: I put this in the non discussion thread...oops

 

[Intermezzo]

Nejame's latest response, filed today with the Clerk's office. Doesn't look like Media has it yet.

Kind of gives you a taste of what tomorrow holds for the Defense.

http://www.docstoc.com/docs/4699451...e-Motion-For-Reconsideration-of-Prior-Rulings

WOW... a truly wonderful piece of work...

I even imagined myself at NeJames office watching as Mason & Baez entered, then threw down the money, proceed to waste time and flip thru the search docs..throw down another $12 and then become the queens of drama as the, oh my you don't say, media shows up. They then storm out of the office, but not before they refuse the offer to use another conference room or lawyers office.
:twocents:

 

[mitzi]

*SIGH* I loved MN's motion, I really did. I just wish someone in his office had proof read it a little better The motion is so well worded that the errors are even more visible than if it was one of the rambling nonsensical ones from JB.

Having said that, it does not take away from the compelling verbal picture MN paints of Mason rude, crude and totally unacceptable behavior. It also proves that his antics yesterday with K. Belich was not a totally out of character response during a moment of stress, but just his normal mean, spiteful self.

Cheney's rude, arrogant treatment of K. Belich couldn't have come at a more opportune time....the day before MN submits a motion showing CM as also rude and arrogant to his staff and to him.

After I read NeJames motion, I immediately shouted "BAM!" ...then had to explain to Dear Hubby what I was so excited about!

Can't wait for tomorrow! :woohoo:

 

[Dear Prudence]

I'm kind of disappointed this wasn't argued in the hearing yesterday because I'm not sure what happened. What I remember from the hearing is this:

Baez requested the attorneys approach the bench for a "housekeeping" matter relating to the TES motion. HHJP granted that and they spent quite a while up there, I'm guessing 10 - 15 minutes. When they were done HHJP announced that the defense would drop their motion, Nejame could file a "bad faith" motion if he so desired, the defense could examine the documents in Nejame's office again and a special magistrate was assigned to be present and supervise the examination of documents.

Today WFTV posted an interview of Baez that occurred after the hearing yesterday http://www.wftv.com/video/24286039/index.html. When he was asked what happened he said something like it was clear the judge would rule in his favor and let him take notes so he won and was very excited.

So, to me it appears the defense did come out on top in this. I'd love to hear everyone else's opinion on what happened. Also, what is a bad faith motion? What is it's purpose and what will it gain Nejame?

 

[Snaz]

I'm kind of disappointed this wasn't argued in the hearing yesterday because I'm not sure what happened. What I remember from the hearing is this:

Baez requested the attorneys approach the bench for a "housekeeping" matter relating to the TES motion. HHJP granted that and they spent quite a while up there, I'm guessing 10 - 15 minutes. When they were done HHJP announced that the defense would drop their motion, Nejame could file a "bad faith" motion if he so desired, the defense could examine the documents in Nejame's office again and a special magistrate was assigned to be present and supervise the examination of documents.

Today WFTV posted an interview of Baez that occurred after the hearing yesterday http://www.wftv.com/video/24286039/index.html. When he was asked what happened he said something like it was clear the judge would rule in his favor and let him take notes so he won and was very excited.

So, to me it appears the defense did come out on top in this. I'd love to hear everyone else's opinion on what happened. Also, what is a bad faith motion? What is it's purpose and what will it gain Nejame?

I listened to that interview with JB, too, and was also very confused. I don't believe anything that comes out of his mouth, so I take the fact that he said the judge was obviously going to grant their motion with a grain of salt.

Can someone please expound upon exactly what happened with that?

TIA!!!

 

[ThinkTank]

I'm kind of disappointed this wasn't argued in the hearing yesterday because I'm not sure what happened. What I remember from the hearing is this:

Baez requested the attorneys approach the bench for a "housekeeping" matter relating to the TES motion. HHJP granted that and they spent quite a while up there, I'm guessing 10 - 15 minutes. When they were done HHJP announced that the defense would drop their motion, Nejame could file a "bad faith" motion if he so desired, the defense could examine the documents in Nejame's office again and a special magistrate was assigned to be present and supervise the examination of documents.

Today WFTV posted an interview of Baez that occurred after the hearing yesterday http://www.wftv.com/video/24286039/index.html. When he was asked what happened he said something like it was clear the judge would rule in his favor and let him take notes so he won and was very excited.

So, to me it appears the defense did come out on top in this. I'd love to hear everyone else's opinion on what happened. Also, what is a bad faith motion? What is it's purpose and what will it gain Nejame?

I was disappointed that Judge P did not come down hard on the Defense for NOT following Judge S. prior Order. Why did Judge P give them yet ANOTHER chance to go look at the TES searcher documents? And why did Judge P allow the Defense to TAKE NOTES when they view the documents -- when Judge S clearly said in his Order that they could NOT take notes? So, in fact, Judge P. HAS altered Judge S. previous Order.

That worries me, because now the Defense can WRITE DOWN notes of OTHER than the 32 searchers, out of the 4,000 searchers and have them investigated and try to come up with another scape goat (ex: Kronk).

I don't see why Judge P appointed a special magistrate to monitor either? The Defense just needs to do what Judge S. ordered them to do.

NeJame said he would file a "bad faith" Motion by next Thursday. I think this will be asking for Sanctions (some kind of punishment) against the Defense for not making good faith attempts to look at the TES records, as Judge S. Ordered.

I am unclear now on whether or not Judge P. is going to hold the Defense to the guideline of ONLY having full info on the TES searchers who came within 50 yards of where Caylee's remains were found.

JB and Mason flagged documents of searches done 300 yards (3 football fields) and as far as 8 miles away from where Caylee's remains were found.

http://www.docstoc.com/docs/4699451...e-Motion-For-Reconsideration-of-Prior-Rulings
NeJame's response

http://www.wftv.com/pdf/20582267/detail.html
Judge S said: No notes, photographs or copies shall be taken of the other searchers documents and no disclosure regarding any information regarding the other searchers shall be disclosed or released by the Defense unless first approved by this court;.....

 

[Dear Prudence]

According to what Mason said yesterday they will have access to all the documents and be able to take notes on anything they wish. http://www.wftv.com/video/24286317/index.html.

That totally goes against Judge S's order for them to flag any files they wanted copies of then he would review them and decide, correct?

I hope Judge P is going to write an order regarding this so we know if Baez and Mason interpreted it correctly.

 

[ThinkTank]

According to what Mason said yesterday they will have access to all the documents and be able to take notes on anything they wish. http://www.wftv.com/video/24286317/index.html.

That totally goes against Judge S's order for them to flag any files they wanted copies of then he would review them and decide, correct?

I hope Judge P is going to write an order regarding this so we know if Baez and Mason interpreted it correctly.

It's not only what Mason said ... Judge P himself said they could TAKE NOTES.
That really bothers me! That is totally contradictory to Judge S's Order.
Judge S. said they could only LOOK at the 4,000 records, then tag any they want to ask the Judge if they can have more info on - NO NOTES.

Judge P said he would enter Order that they can inspect documents again, take notes, appt special magistrate Jim Black(?) - he will tag and copy those, bring copies to court for inspection, not set a date for that - file what you want - all of next week to file
NeJame - will have it filed by Thursday of next week
Judge - busy week next week
Hearing set thereafter

JB is excited about being able to TAKE NOTES because that gives him the ability to WRITE DOWN info on other than the 32 searchers which were set as a guideline in Judge S's Order. They will have more searchers to investigate and bother.

 

[sleutherontheside]

IIRC the Special Magistrate in James Glatt.

He will be there to monitor the notes that the defense takes and to make sure that no other actions are taken (photos, copies, etc...) If I am understanding correctly.......the notes will be reviewed and whether further action may be taken based on those notes will be determined. I doubt a set of notes with the names of thousands of searches will be accepted.

I suspect the notes will have to demonstrate a pattern of thinking and a theme.

Lawyers????

 

[ThinkTank]

IIRC the Special Magistrate in James Glatt.

He will be there to monitor the notes that the defense takes and to make sure that no other actions are taken (photos, copies, etc...) If I am understanding correctly.......the notes will be reviewed and whether further action may be taken based on those notes will be determined. I doubt a set of notes with the names of thousands of searches will be accepted.

I suspect the notes will have to demonstrate a pattern of thinking and a theme.

Lawyers????

I thought I heard Judge P. say that the Defense could go look at all the records, take notes, and tag the ones they want more info on, then the Special Magistrate will COPY those tagged records and take them to Judge P. to see if he will grant the Defense more info on those additional searchers (other than the 32 searchers already selected as relevant).
Judge P. did say that he would issue an Order on this, so I'm anxious to see what his Order says.
I remember LDB telling the Judge (I think Judge S.) that she went and reviewed all the records and had no trouble tagging certain ones, and did NOT need to take any notes.

 

[Mrs G Norris]

Tim Miller is a little piece of heaven fallen to earth in my opinion, and anyone who causes him any grief whatsoever has a deep black mark against their name. I was delighted to see Nejame even if just for a brief moment yesterday, I wish we could have overheard that conversation at the bench. I HEART them both.

 

[LambChop]

I thought I heard Judge P. say that the Defense could go look at all the records, take notes, and tag the ones they want more info on, then the Special Magistrate will COPY those tagged records and take them to Judge P. to see if he will grant the Defense more info on those additional searchers (other than the 32 searchers already selected as relevant).
Judge P. did say that he would issue an Order on this, so I'm anxious to see what his Order says.
I remember LDB telling the Judge (I think Judge S.) that she went and reviewed all the records and had no trouble tagging certain ones, and did NOT need to take any notes.

I think that would be because LDB knows what she is doing.... jmo

 

[beach]

I thought I heard Judge P. say that the Defense could go look at all the records, take notes, and tag the ones they want more info on, then the Special Magistrate will COPY those tagged records and take them to Judge P. to see if he will grant the Defense more info on those additional searchers (other than the 32 searchers already selected as relevant).
Judge P. did say that he would issue an Order on this, so I'm anxious to see what his Order says.
I remember LDB telling the Judge (I think Judge S.) that she went and reviewed all the records and had no trouble tagging certain ones, and did NOT need to take any notes.

BBM

I am very anxious to see this Order. I doubt even the attorneys here could shed too much light until we have a chance to read it and see exactly what HHJP says in re. restrictions, etc... Since it was addressed at sidebar, what we do know is very piecemeal and vague. I don't give JB's remarks to the media any weight.

I was very disappointed that we didn't get to hear Mark NeJame's argument. I love to watch/listen to him.

 

[mitzi]

It is interesting that bf is the one that was watching over the docs while cm was viewing.IMO He is brought up in some of the interviews.IMO Especially the JJ interviews. IMO Seems there is confusion as to where the body was located. IMO It feels to me like a conflict of interest. IMO At any rate, seems like the 911 calls were a distraction and winning this motion was the real gem. IMO

Hi NTS!

I must have missed something, who is bf?

 

[Dear Prudence]

It is interesting that bf is the one that was watching over the docs while cm was viewing.IMO He is brought up in some of the interviews.IMO Especially the JJ interviews. IMO Seems there is confusion as to where the body was located. IMO It feels to me like a conflict of interest. IMO At any rate, seems like the 911 calls were a distraction and winning this motion was the real gem. IMO

I'll agree with you that winning this motion was a real gem to the defense, but the 911 calls were no distraction. The 911 calls being allowed to play in front of the jury will be The Hope Diamond for the state.

 

[notthatsmart]

I'll agree with you that winning this motion was a real gem to the defense, but the 911 calls were no distraction. The 911 calls being allowed to play in front of the jury will be The Hope Diamond for the state.

Guess I just don't see it. Ca is kind of a mess during it and really no useful information. Kc made some statements that may be useful, however Jb said that Kc has a compelling reason for her actions, and that may trump all that. IMO

 

[whiteangora]

Guess I just don't see it. Ca is kind of a mess during it and really no useful information. Kc made some statements that may be useful, however Jb said that Kc has a compelling reason for her actions, and that may trump all that. IMO

If Casey's reasons are so compelling then why should JB be so worried about trying to get a "witness" like Robin Lunceford to help get his client off the hook?

 

[ThinkTank]

I'll agree with you that winning this motion was a real gem to the defense, but the 911 calls were no distraction. The 911 calls being allowed to play in front of the jury will be The Hope Diamond for the state.

I don't think we can say that the Defense has "won" any Motion yet.....
The Judge is allowing them to go look at the TES records AGAIN, and allowed them to have a Special Magistrate to oversee the review, and apparently allows them to take notes during the review.
But that's as far as it goes, for now.
They have to bring anything they find to Judge P. so the Judge can decide if the Defense gets any more info on the TES searchers, other than the 32 TES searchers who have already been determined to be relevant because they searched within 50 yards of where Caylee's remains were found.

 

[The World According]

Unless and until you have proof ( a link at least ) of some impropriety, please do not anyone engage in discussing names of TES volunteers in any sentences that disparage or question their motives. That is wholly misguided. A Texas Equusearch volunteer is a Texas Equusearch volunteer , period. A conflict of interest is a term used to describe the situation in which a public official or fiduciary, a lawyer for example, who, contrary to the obligation and absolute duty to act for the benefit of the public or a designated individual, exploits the relationship for personal benefit. The volunteer is in no such position, real or imagined and should not be accused.

Many, many, many times folks perform a variety of tasks for Texas Equusearch, there is so very much that goes into what the organization does. The actual searching through the woods or doing a dive or searching trash dump sites is one part, of course. Also there are many other duties the volunteers preform. Some come in from the searches and sit down at the computer who are experts in many fields, engineers, military personnel, doctors, from wealthy people to people that don't have a dime to their names, you would be amazed at the wide variety of walks of life, experience, etc. etc. There is nothing nefarious about one of them volunteering to sit with the defense lawyers while they review the documents. Any and all work done for TES, including the lone volunteer lady in the Texas office is done by a volunteer.

Saying there is a conflict of interest makes no sense, whatsoever. Respectfully, whoever thought that has a very poor understanding of what c o i means.

I am not surprised, if one has been listening to the defense lawyers in this case. Three times ,that I know of ,one of the lawyers for Casey stood and argued in court that Mark Nejame had a conflict of interest for representing TES after having resigned from representing mom and pop. All three times that was a lie. Not only does no conflict of interest exist, but he has in his file a SIGNED WAIVER OF CONFLICT, just for perfunctory reasons. Brad Conway corrected them and informed the judge that is not true, there is no conflict, and his clients certainly are NOT asserting any such thing.
[ame]http://www.youtube.com/watch?v=sK8Y2rzldmA[/ame]

Unless and until someone has some conclusive evidence of some wrongdoing, I respectfully request that we refrain from any implication that the Texas Equusearch member has done anything that should be considered potentially shady. That is not what we do here, make wholly unfounded accusations against innocent people. A volunteer performing more than one type of task for the organization ......how in the world could that be a conflict of interest? Of whose interest? Go to any free law library and look up the definition for clarity. It is nonsense like this that is what Mr. Miller is trying to protect his volunteers from, being accused and their good names being disparaged for no reason whatsoever!!!! It is outrageous.

If you listen carefully, you will see the judge made things better for the prosecution in this case regarding his ruling on the TES records, much better. This judge is concerned with a trial that has no appeal issues. He has cleared that path.

To be clear, the defense won nothing . The only thing the judge did was make it to where they are all out of excuses. A retired judge is going to sit in with them. THE DEFENSE LAWYERS ARE NOT LEAVING THAT ROOM WITH THE NAMES AND ADDRESSES OF ALL OF THE TES VOLUNTEERS. That is the only thing TES was trying to avoid. There is no problem at all having a judge tag documents for them. Mrs. Drane-Burdick and Mr. Conway were able to tag their own. Since this process is somehow outside of the skill set of Mr. Baez and Mr. Cheney, or is confusing to them in some manner, they have expressed to the judge they cannot do it. So now they have a judge ( who will be beyond reproach, this removes possible appeal problems ) helping them understand how to tag documents.

TES knows it has the proof that the exact area Caylee was found in was under water. The State knows it has the proof of how long she was there due to the plant growth. Let the defense look at all the other areas around Orlando that volunteers searched, we want them to. It is about damn time they are finally doing so.

At the end of the day the judge wants them to search the records from top to bottom and set out the ones they wish to have the trial judge decide if they are relevant. This is the exact same opportunity they have always had. They still cannot copy the documents and bring them back to their office. Judge Strickland told them they could review all of the documents LAST YEAR. They feigned an inability to do so. The slight difference now is they can take notes. OK. So what?

Check out Brad Conway letting the court know in JANUARY of 2009, that what was just argued by the defense in that morning's hearing is incorrect. His clients specifically waive any would be conflict. [ame]http://www.youtube.com/watch?v=aijyVQuLVEA[/ame] Obviously the defense didn't bother to check with mom and pop what their position was. Too too funny. My point is just because you hear Jose or Cheney say something is no indication it is correct. So, IN COURT, the court was notified in January there is no conflict. What does Todd take to the podium and say to the judge in August....guess...he claims Mr. Nejame has a conflict of interest.
[ame]http://www.youtube.com/watch?v=k7LsKP77ycw[/ame] , later Andrea did the same thing.
[ame]http://www.youtube.com/watch?v=E5IrzGBLLjg[/ame]

(four minute mark) [ame]http://www.youtube.com/watch?v=tYXZ_GSPyk0[/ame] You just can't make this stuff up!!!!
No document is leaving that location except through the retired judge's hands. He will take them to Judge Perry to determine relevance. This is wonderful for Caylee's justice; because, it moves the ball down the court, and at the same time the identity and personal cell phone information of the volunteers will not be copied and released to the public.

Of course, the 911 calls coming into the trial is HUGE. Any juror hearing the sheer panic in Cindy Anthony's voice is going to be effected by the truth.

The fact that a judge will be watching over the defense lawyers, simply ads another layer of protection for the privacy of the TES workers. Much like when Jose asked the court to let the experts and defense view the evidence on their own, outside of the OCSD staff......

what the defense actually got was MORE scrutiny, now not only are they removed any excuse that they were hindered in looking at the docs, now they have a judge who can testify that they had unfettered access, and this will remove ANY claims they make to the contrary, going forward. This is much like be careful what you wish for. In my earlier example, the defense walked out of the hearing with not only the OCSD staff indeed going to be present, but the State Attorney's office staff going to be present, and it was videotaped. Judge Perry is focused on removing ANY possible claim that the defense did not have a fair opportunity to properly defend Casey, any!

What the judge did regarding the TES records is set it up to where the defense has no, zero , excuse not to get on with what they could have done a year ago, and make it impossible for anything regarding this matter to be an appeal issue. The prosecution is happy about this development. One must think of big picture, appeal issue, appeal issue, appeal issue. If you listen carefully when Judge Perry rules, you will notice a pattern, he quotes from Supreme Court decisions, where appeals have been decided upon. Indeed.


As for any TES volunteer, God bless them for volunteering, in any capacity that they can and do. They have my abiding appreciation. May good people who can afford to, continue to ask for time off work, purchase plane tickets, bug spray, and boots and continue to search, in all conditions, for these murdered children who in the words of Tim Miller "Deserve a proper burial".

 

[ThinkTank]

THANK YOU for your intelligent, reasonable reply TWA!!!!

Nothing to add -- except I wanted to say that the identity of NONE of the "32 searchers" who have been notated as having searched within 50 yards of Caylee's remains, have been made public -- much less anything these 32 people have SAID at any time. There are no documents on record that have been made public stating that any TES searchers said they searched on their own, except for Laura B..

IMO it is pathetic the way the Defense and their investigators are trying desperately to disrupt/ruin the lives of completely innocent people who volunteered their time to search for precious Caylee, in an attempt to get an alleged baby killer off the hook for a murder conviction and possibly the death penalty! Disgusting! Especially to fish around on a blog forum -- transparent and desperate.