All Texas Equusearch-Related Filings #1

[wildchild1961]

And somehow I have the impression that this book would be more about TES as MN is donating 50% of the proceeds to TES. I would be willing to bet there is a real story there of what TM had to put up with, how costly these searchs were and how interference from the family can cost precious time, not just for the searches he is conducting but for the other families out there who also had missing relatives at the same time. CA should be ashamed of herself for her comments about Tim when all she had to do was demand her daughter tell her the truth. Bet CA could have gotten the truth out of her if she really tried. Instead she tied up TES and ran them out of money. This is a book I would buy. You betcha.... jmo

Donating 50% of the proceeds to TES could be a very simple reason MN was asking around a about a book deal. What better way to help TES recoup the large amount of funds spent on the search for Caylee. The other 50% which he would keep for himself.. would be paying for work he has done for the A's. I don't see a problem with MN making a book deal.. DEPENDING on what type of book it is.

wild

 

[Gaia713]

I cannot for the life of me, figure out why Suburban Drive was considered such a likely respository for Caylee given that the family doggedly claimed that Zanny had her. Wouldn't it make more sense for Zanny to stash Caylee somewhere familiar to HER (Zanny) rather than an area familiar to Casey?

 

[Gaia713]

Donating 50% of the proceeds to TES could be a very simple reason MN was asking around a about a book deal. What better way to help TES recoup the large amount of funds spent on the search for Caylee. The other 50% which he would keep for himself.. would be paying for work he has done for the A's. I don't see a problem with MN making a book deal.. DEPENDING on what type of book it is.

wild

I seriously doubt he got one penny from the time he represented the Anthonys. The fact he would donate 50% to TES speaks highly of him. He has always done a competent job no matter who he was representing. Too bad other lawyers have to spend so much of their time bad mouthing others just to get attention. moo

 

[The World According]

I seriously doubt he got one penny from the time he represented the Anthonys. The fact he would donate 50% to TES speaks highly of him. He has always done a competent job no matter who he was representing. Too bad other lawyers have to spend so much of their time bad mouthing others just to get attention. moo

I trust he works pro bono for TES . My favorite thing he did after firing the Anthonys as clients was to turn around and donate five thousand dollars to Roy Kronk!!!!
It made me proud!
It was public, it was overt.

 

[faefrost]

OK stupid question on all of this. We have been spinning our wheels and micro-analyzing JB's response to the motion, and Lohr's statemnets past and current etc etc... But at it's heart, what is the point to all of this?

I mean HHJP has ruled on the documents and set forth a procedure by which they may be reviewed and a mechanism to keep it all private. While it is understandable that MN wishes to get the complaint regarding bad faith actions on the table, is there really any chance that the current judges orders will be in any way modified based on either this motion or its response?

What is the point to all of this? What is the likely outcome? Is it just MN getting a complaint on record and possibly making the defense eat some of the TES legal costs incurred from dealing with all the bullplop? (And if that's the case, who then pays when the defendant has no money and the lawyers have been acting in bad faith?).

Is there any strong possible outcome to all of this for the defense? And if no (ie the status will remain unchanged they can view the documents with the special master present), why are they once again pouring resources into it, and revealing huge swaths of their defense plans over a seemingly obscure and minor point? Is this yet another example, similar to the recent prison tapes, of "Don QiJose" swinging at windmills that have little to no bearing on his actual case?

 

[nums24]

OK stupid question on all of this. We have been spinning our wheels and micro-analyzing JB's response to the motion, and Lohr's statemnets past and current etc etc... But at it's heart, what is the point to all of this?

I mean HHJP has ruled on the documents and set forth a procedure by which they may be reviewed and a mechanism to keep it all private. While it is understandable that MN wishes to get the complaint regarding bad faith actions on the table, is there really any chance that the current judges orders will be in any way modified based on either this motion or its response?

What is the point to all of this? What is the likely outcome? Is it just MN getting a complaint on record and possibly making the defense eat some of the TES legal costs incurred from dealing with all the bullplop? (And if that's the case, who then pays when the defendant has no money and the lawyers have been acting in bad faith?).

Is there any strong possible outcome to all of this for the defense? And if no (ie the status will remain unchanged they can view the documents with the special master present), why are they once again pouring resources into it, and revealing huge swaths of their defense plans over a seemingly obscure and minor point? Is this yet another example, similar to the recent prison tapes, of "Don QiJose" swinging at windmills that have little to no bearing on his actual case?

The judge ruled to allow the review, but in his order he acknowledged that MN would be filing the bad faith motion to quash. An in-camera review of the records will not occur until HHJP rules on the bad faith motion, I just don't know if there will be a hearing or if he will rule based on documents filed.

http://www.ninthcircuit.org/news/Hi...ior Rulings by Disqualified Judge 7-21-10.pdf

 

[LambChop]

OK stupid question on all of this. We have been spinning our wheels and micro-analyzing JB's response to the motion, and Lohr's statemnets past and current etc etc... But at it's heart, what is the point to all of this?

I mean HHJP has ruled on the documents and set forth a procedure by which they may be reviewed and a mechanism to keep it all private. While it is understandable that MN wishes to get the complaint regarding bad faith actions on the table, is there really any chance that the current judges orders will be in any way modified based on either this motion or its response?

What is the point to all of this? What is the likely outcome? Is it just MN getting a complaint on record and possibly making the defense eat some of the TES legal costs incurred from dealing with all the bullplop? (And if that's the case, who then pays when the defendant has no money and the lawyers have been acting in bad faith?).

Is there any strong possible outcome to all of this for the defense? And if no (ie the status will remain unchanged they can view the documents with the special master present), why are they once again pouring resources into it, and revealing huge swaths of their defense plans over a seemingly obscure and minor point? Is this yet another example, similar to the recent prison tapes, of "Don QiJose" swinging at windmills that have little to no bearing on his actual case?

Pssss, faefrost, it's material for Chapter 10. jmo

 

[Paintr]

OK stupid question on all of this. We have been spinning our wheels and micro-analyzing JB's response to the motion, and Lohr's statemnets past and current etc etc... But at it's heart, what is the point to all of this?

I mean HHJP has ruled on the documents and set forth a procedure by which they may be reviewed and a mechanism to keep it all private. While it is understandable that MN wishes to get the complaint regarding bad faith actions on the table, is there really any chance that the current judges orders will be in any way modified based on either this motion or its response?

What is the point to all of this? What is the likely outcome? Is it just MN getting a complaint on record and possibly making the defense eat some of the TES legal costs incurred from dealing with all the bullplop? (And if that's the case, who then pays when the defendant has no money and the lawyers have been acting in bad faith?).

Is there any strong possible outcome to all of this for the defense? And if no (ie the status will remain unchanged they can view the documents with the special master present), why are they once again pouring resources into it, and revealing huge swaths of their defense plans over a seemingly obscure and minor point? Is this yet another example, similar to the recent prison tapes, of "Don QiJose" swinging at windmills that have little to no bearing on his actual case?

Faefrost, thank you kindly for this great post. Your term "Don QiJose" will have me chuckling for months to come.

 

[countzero]

Another good chuckle for the evening at JBs expense. This motion is nothing but a deflection to what isn't happening on the case. Not one media outlet has discussed the defense experts examining the forensic evidence. NOT ONE.

JB ... mission accomplished in his mind.

 

[beach]

The judge ruled to allow the review, but in his order he acknowledged that MN would be filing the bad faith motion to quash. An in-camera review of the records will not occur until HHJP rules on the bad faith motion, I just don't know if there will be a hearing or if he will rule based on documents filed.

http://www.ninthcircuit.org/news/Hi...ior Rulings by Disqualified Judge 7-21-10.pdf

Judge Perry indicates in paragraph 6 of his Order that a hearing will be set.

Who knows anymore? I'm beginning to think I was infected by some nefarious virus from the DC emails. I've been dizzy for a week now. lol

 

[logicalgirl]

Another good chuckle for the evening at JBs expense. This motion is nothing but a deflection to what isn't happening on the case. Not one media outlet has discussed the defense experts examining the forensic evidence. NOT ONE.

JB ... mission accomplished in his mind.

Maybe JB is thinking he may need a back-up plan if he doesn't get his gig as a talk show host on the Spanish networks.

Maybe he's trying out to be a stand-up comedian?

 

[Paintr]

The Honourable Judge Strickland was accused, by the defense, of being a 'self-aggrandizing media hound.' Now Mark NeJame is accused of seeking fame.

Has this defense team ever even heard of glass houses?

HHJS was correct...the irony is indeed rich!

 

[countzero]

Maybe JB is thinking he may need a back-up plan if he doesn't get his gig as a talk show host on the Spanish networks.

Maybe he's trying out to be a stand-up comedian?

Well now, if he is trying he certainly won't be getting my money for a ticket to his shows.

Bad enough the upstanding folks in Florida are paying to see this play out live in their backyard and on their tvs. :banghead::banghead:

 

[RR0004]

I trust he works pro bono for TES . My favorite thing he did after firing the Anthonys as clients was to turn around and donate five thousand dollars to Roy Kronk!!!!
It made me proud!
It was public, it was overt.

I agree that RK deserved something for his good deed. Bless MN for representing TES...and doing a fine job at that. But, that money he gave to RK was some hot potato...IMO.

 

[RR0004]

Another good chuckle for the evening at JBs expense. This motion is nothing but a deflection to what isn't happening on the case. Not one media outlet has discussed the defense experts examining the forensic evidence. NOT ONE.

JB ... mission accomplished in his mind.

You are soooooo right!

 

[cyberborg]

To me, JB's focus and cycles invested in -- once again -- trying to get a breakthrough, any breakthrough on full open access to all these TES records (to fish) speaks volumes.

I believe that he thinks by throwing mud back at MN's bad faith motion might frustrate HHJP enough and, open up a crack that gets them more/better access than the current scheme. Like two misbehaving kids admonished by the parent, JB is hoping it may crack open the door more in his favor.

There HAS to be a method to this madness and to me it suggests that the Defense are really desperate. The other SODDI options, like RK or JG are too weak and they REALLY really need a TES searcher target who is willing to testify to a personal search of Suburban of the same exact area that casts doubt on the body being there until after ICA was in jail.

It is there only real hope! The straw that breaks the cases back.

They need to add to the weak case that they currently have towards this goal and get some supporting testimony from someone to create reasonable doubt.

Even though it would not eliminate ICA as the murderer, if they can introduce the concept that some 'guy' dumped Caylee then they can try to extend that to more doubt over the whole thing, as to ICA's true role. George? Lee?

It is highly unlikely [IMO] that HHJP will change the reasonable plan that he offered, to use a special master and have the Defense bring flagged TES records to him for review but --- that cannot work for the Defense because they need 100's of records to fish to find one or two rogue willing witnesses and they are unlikely to find them in such a small sample as is available to them currently.

It goes to clearly illustrate how weak the Defense case is, how desperate they are and, how it all hinges on more concrete testimony that Caylee's body was not there back then versus the forensics and/or merely pointing to SODDI .... with such ties to the A home and being so nearby.

 

[Numbers]

To me, JB's focus and cycles invested in -- once again -- trying to get a breakthrough, any breakthrough on full open access to all these TES records (to fish) speaks volumes.

I believe that he thinks by throwing mud back at MN's bad faith motion might frustrate HHJP enough and, open up a crack that gets them more/better access than the current scheme. Like two misbehaving kids admonished by the parent, JB is hoping it may crack open the door more in his favor.

There HAS to be a method to this madness and to me it suggests that the Defense are really desperate. The other SODDI options, like RK or JG are too weak and they REALLY really need a TES searcher target who is willing to testify to a personal search of Suburban of the same exact area that casts doubt on the body being there until after ICA was in jail.

It is there only real hope! The straw that breaks the cases back.

They need to add to the weak case that they currently have towards this goal and get some supporting testimony from someone to create reasonable doubt.

Even though it would not eliminate ICA as the murderer, if they can introduce the concept that some 'guy' dumped Caylee then they can try to extend that to more doubt over the whole thing, as to ICA's true role. George? Lee?

It is highly unlikely [IMO] that HHJP will change the reasonable plan that he offered, to use a special master and have the Defense bring flagged TES records to him for review but --- that cannot work for the Defense because they need 100's of records to fish to find one or two rogue willing witnesses and they are unlikely to find them in such a small sample as is available to them currently.

It goes to clearly illustrate how weak the Defense case is, how desperate they are and, how it all hinges on more concrete testimony that Caylee's body was not there back then versus the forensics and/or merely pointing to SODDI .... with such ties to the A home and being so nearby.

Wow. And here I thought it was just Jose throwing a poo-hissy because he didn't get what he wanted. I must learn to think a little more. Thanks.

 

[faefrost]

The judge ruled to allow the review, but in his order he acknowledged that MN would be filing the bad faith motion to quash. An in-camera review of the records will not occur until HHJP rules on the bad faith motion, I just don't know if there will be a hearing or if he will rule based on documents filed.

http://www.ninthcircuit.org/news/Hi...ior Rulings by Disqualified Judge 7-21-10.pdf

Well yes. But given the pragmatic nature of his prior decisions (and HHJS's) on how to reasonably handle the document issue, does anyone think that this will in anyway change because of MN's bad Faith motion? or JB's even worse faith response to it?

I mean OK MN filed the motion to express his and his clients concern and displeasure on the record. fair enough. Let a judge review the activities and hand out lawyer whoopings as needed. But it sure as hell isn't going to change allowing the defense a look at the documents in question. The judge or in this case judges want to avoid reversible error far more than they want to punish misbehaving lawyers.

And surely noone reasonably thinks that the judge is going to look at all of these theatrics and think "you know what, we're gonna give them more! They can copy and distribute and stalk and defame whoever they want!" I mean really! Jose could have literally filed his response in badly spelled purple crayon simply saying "I DiZaGr3E!" and the predictable outcome would be exactly the same as his filed motion of response. So why on earth lay out even a fraction of your planned defense, let alone start mud slinging at lawyers, in order to argue with a third party and not the prosecution? there is no perceivable benefit to client or case here, and far more potential to do harm.

I mean this is a part of his motion? "The inescapable conclusion, therefore, is that, if there is evidence ofthe searches ofthe area revealing the absence of the remains, then the discovery proves, conclusively, that somebody else had to put the remains there. While this does not necessarily mean that the Defendant was in no way involved in the death ofthe child (by whatever manner and means), it certainly raises a substantial reasonable doubt as to her culpability." He just used this throw away motion to put that out there before the court and for the prosecutors to see. All it takes is for them to line up any Command Level police officer, Fire line officer, Park Ranger or Wildlife Management officer, Coast Guard officer or 6 out of 10 typical Boy Scouts, all of whom can provide expert testimony before the court that the above claim is completely bogus. Simply stated not finding something on a rough ground search is not in any way shape or form evidence that it is not there. All it means is it was not found. Even in the best of conditions a standard non destructive ground search has only around a 30% chance of finding what you are looking for (unless of course the search target is alive, conscious and not a moron. Given the types of people most prone to get lost in the woods, that final qualifier doesn't come up very often.) (note: the opposite of this is a destructive search, which is what we witnessed when the forensics team went into the site and pulled up every plant and sifted every meter of dirt.) The US Forestry Service has manuals and guidebooks that outline this rather clearly and are probably acceptable before a court. (Heck a Boy Scout Fieldbook from 1972 could be used to adequately rebut these defense arguments). So once again the point is, why give this to the prosecution now? Especially over a fight that you are really not going to gain anything from?

 

[logicalgirl]

Sorry to barge in on the middle of a great discussion - just wanted to say an extra thanks to Mitzi for posting the NeJames interview in todays news- great to watch. Sorry folks - carry on

 

[logicalgirl]

Donating 50% of the proceeds to TES could be a very simple reason MN was asking around a about a book deal. What better way to help TES recoup the large amount of funds spent on the search for Caylee. The other 50% which he would keep for himself.. would be paying for work he has done for the A's. I don't see a problem with MN making a book deal.. DEPENDING on what type of book it is.

wild

Wild, have a look at the clip Mitzi just posted in todays news - Nejames talks about it quite a lot.