All Texas Equusearch-Related Filings #1

[beach]

So if the defense team does not ask for and receives approval for an extension date for their witness list and does not catch their trophy fish in time ~ does that mean all this effort by them, the state, the court and all of Florida's taxpayers' money is/was for nothing? Has this all been for the benefit of the future jury pool, then?

So much drama and posturing and such a small chance of results!

I feel sure Judge Perry is going to err on the side of leniency when it comes to this, in particular. They are just now getting a chance to look. Then, if I read the Order correctly ('cause I did it swiftly *swoosh*), the defense, Nejame AND the SA need to try to reach an agreement regarding any docs the defense tabs. (fat chance, if you ask me ) If they cannot agree, Judge Perry will review them. then set a hearing to hear arguments and rule. I can't see all that happening in the next few days.

Somebody correct me if I misread the Order, please. Its been a looooong day.

 

[logicalgirl]

LOL. That's what I have been trying to read, but puter wont let me.
I want to know if it's so that the defense can send these people over to take notes or copy the TES records. If that is the case...Oh Boy, what can a person say?

I may need you logicalgirl to calm me down.

I'm here LOL - can you not read what Mrs. Norris copied out up thread?

 

[logicalgirl]

I feel sure Judge Perry is going to err on the side of leniency when it comes to this, in particular. They are just now getting a chance to look. Then, if I read the Order correctly ('cause I did it swiftly *swoosh*), the defense, Nejame AND the SA need to try to reach an agreement regarding any docs the defense tabs. (fat chance, if you ask me ) If they cannot agree, Judge Perry will review them. then set a hearing to hear arguments and rule. I can't see all that happening in the next few days.

Somebody correct me if I misread the Order, please. Its been a looooong day.

I hear you Beach about the leniency thing but HHJP doesn't sound very understanding in this motion and really - who takes the responsibility for dragging it out this long. Baez barely has any investigative $$$ left anyway.

 

[logicalgirl]

I also understand about the loonnng day! I've had an "H" of a week, but I plan on taking out my frustrations on Baez over the weekend.

 

[nums24]

I feel sure Judge Perry is going to err on the side of leniency when it comes to this, in particular. They are just now getting a chance to look. Then, if I read the Order correctly ('cause I did it swiftly *swoosh*), the defense, Nejame AND the SA need to try to reach an agreement regarding any docs the defense tabs. (fat chance, if you ask me ) If they cannot agree, Judge Perry will review them. then set a hearing to hear arguments and rule. I can't see all that happening in the next few days.

Somebody correct me if I misread the Order, please. Its been a looooong day.

I really don't think you misread it. That is how I read it too. Perhaps HHJP is trying to remind the defense that there is a lot work to get done and he's cracking the proverbial judicial whip, IMO.

 

[beach]

Loving the line in a) any and all notes, names of searchers or any other information contained in the TES files, obtained during inspection with Magistrate Glatt and the Defense, may not be released or disclosed directly or indirectly to the public or the media by the defense.

HA!

No kronking for you Baez.

In my view, this has become much more complicated?
The judge has added another step in the process of the doc review. Instead of the defense reviewing, and tabbing, and then giving to the Special Mag to take to the Judge ..... NOW, the defense reviews, tabs, and then has to assemble MN and all the State Prosecutors to have a pow wow about the tabbed files .. then when (not IF) they do not agree on the relevance ... then the Special Mag takes the info to Judge P. to decide.

The judge is leaving it up to a group of people to "get along" who no doubt, do NOT get along, and do not agree on ANYTHING! I don't even see how they are going to mutually agree on the location of the doc review, without the judge stepping in and making a ruling on that as well???

Well....reading between the lines here, but I interpret the "wording" in HHJP's Order and his request that they attempt to reach an agreement as a pretty big clue as to Judge Perry's tone during the in camera conference. In his honorable way, I do believe he let them know he has had ENOUGH of the BS and to get on with it. The defense better take that admonition of 'not releasing anything directly or indirectly' or somebody will be looking at a contempt charge. I would bet good money on that.

 

[logicalgirl]

There is no way the defense can inspect all these 4,000 records and comply with all of the extra contingencies by this date unless they do ask for another exception. . . I smell the same odor!

Didn't the SA say they looked over all of the files in 6 hours?

 

[logicalgirl]

Well....reading between the lines here, but I interpret the "wording" in HHJP's Order and his request that they attempt to reach an agreement as a pretty big clue as to Judge Perry's tone during the in camera conference. In his honorable way, I do believe he let them know he has had ENOUGH of the BS and to get on with it. The defense better take that admonition of 'not releasing anything directly or indirectly' or somebody will be looking at a contempt charge. I would bet good money on that.

Agree Beach but you are too late with the bet - I already made that bet upthread - you'll have to raise.

 

[ExpectingUnicorns]

I feel sure Judge Perry is going to err on the side of leniency when it comes to this, in particular. They are just now getting a chance to look. Then, if I read the Order correctly ('cause I did it swiftly *swoosh*), the defense, Nejame AND the SA need to try to reach an agreement regarding any docs the defense tabs. (fat chance, if you ask me ) If they cannot agree, Judge Perry will review them. then set a hearing to hear arguments and rule. I can't see all that happening in the next few days.

Somebody correct me if I misread the Order, please. Its been a looooong day.

ITA. I understand that leniency has been applied in many instances to preclude any appeal attempts but I also have to say that my craw is getting pretty full. When Judge Perry set his "not later than" dates it seemed he was trying to command some well needed control over this case and it just really frosts me that he may have to make compromises on this issue, too.

 

[nums24]

The defense will have to act quickly because of this rule cited in number 4:

http://www.ninthcircuit.org/news/Hi...& Hearing Deadlines & Trial Date 5-7-2010.pdf

 

[faefrost]

I feel sure Judge Perry is going to err on the side of leniency when it comes to this, in particular. They are just now getting a chance to look. Then, if I read the Order correctly ('cause I did it swiftly *swoosh*), the defense, Nejame AND the SA need to try to reach an agreement regarding any docs the defense tabs. (fat chance, if you ask me ) If they cannot agree, Judge Perry will review them. then set a hearing to hear arguments and rule. I can't see all that happening in the next few days.

Somebody correct me if I misread the Order, please. Its been a looooong day.

I don't think HHJP will flex all that much on this one. At least without the defense showing a massive effort to comply between now and the date in question. This judge is known for being a stickler regarding schedules and dates. The defense is NOT just now getting a look at these materials. They have had ample opportunity to do so for over a year. BC did not get to look at the materials first nor did the SA. They bothered to go and actually look at them. I bet if the defense spends the full time between now and then looking through the files the judge may be generous and grant an extension. If they spend anything less than at least 1 to 2 full days making the attempt, well the judge will politely inform them that there lack of effort, preparation, planning and due diligence does not constitute an emergency on his part, nor a valid reason for altering his stated schedule. There is a limit to how far the judge can and will go to avoid appelate issues. The defense will always be able to find some, most of which will typically be shot down. As long as the judges decisions are well laid out, and treat everyone fairly then it will withstand appeal. I don't think an appelate court will side with the defense if they cry "we didn't have enough time" after a year of ignoring the evidence or whining in public while not actually reviewing it.

 

[ExpectingUnicorns]

The defense will have to act quickly because of this rule cited in number 4:

http://www.ninthcircuit.org/news/Hi...& Hearing Deadlines & Trial Date 5-7-2010.pdf

But I can see JB and team arguing through the loophole provided in the last sentence of this rule:

"In the absence of a stipulation, it will be the burden of the listing or deposing party to show good cause for any delay to this court."

Defense would only have to point to the late date of Judge Perry's ruling on this matter to argue for the good cause for delay.

 

[ExpectingUnicorns]

Didn't the SA say they looked over all of the files in 6 hours?

But the SA was only looking for searchers who might have been at the scene of the recovery site. The defense will be looking for much more; they will, in my opinion, be looking for anything/anyone suspicious enough to include in their SODDI defense.

 

[nums24]

But I can see JB and team arguing through the loophole provided in the last sentence of this rule:

"In the absence of a stipulation, it will be the burden of the listing or deposing party to show good cause for any delay to this court."

Defense would only have to point to the late date of Judge Perry's ruling on this matter to argue for the good cause for delay.

What do you believe the good cause would be? They have been able to look at the records for months! I'm confused, sorry.

 

[nums24]

But the SA was only looking for searchers who might have been at the scene of the recovery site. The defense will be looking for much more; they will, in my opinion, be looking for anything/anyone suspicious enough to include in their SODDI defense.

They will have to justify why they want the record. They can't just say this person fits the profile of our SODDI.

 

[ExpectingUnicorns]

What do you believe the good cause would be? They have been able to look at the records for months! I'm confused, sorry.

That Judge Perry did not rule on the final details of how this was to be conducted until this week. They will claim that as their "start" date. (I certainly don't agree with this way of thinking but can see that the defense would attempt to use it as a reason, "good cause," to request a delay in the date for filing their witnesses.)

 

[ExpectingUnicorns]

Didn't the SA say they looked over all of the files in 6 hours?

But the SA was only looking for searchers who might have been at the scene of the recovery site. The defense will be looking for much more; they will, in my opinion, be looking for anything/anyone suspicious enough to include in their SODDI defense.

They will have to justify why they want the record. They can't just say this person fits the profile of our SODDI.

I understand that and that is why it will take them soooo much longer than the 6 hours in which the SA was able to do it. I'm just trying to say that there is no way the defense will be able to achieve their goal within the timeframe that the court has given them.

 

[nums24]

That Judge Perry did not rule on the final details of how this was to be conducted until this week. They will claim that as their "start" date. (I certainly don't agree with this way of thinking but can see that the defense would attempt to use it as a reason, "good cause," to request a delay in the date for filing their witnesses.)

:doh: I understand now, good point!

I'm so tired, goodnight :bedtime:

 

[The World According]

Considering BC is a couple of rungs on the ladder smarter than JB is, one would conclude if BC didn't find anything, JB won't either.

Doesn't mean he won't try, but even if he thinks he did, he will have to convince HHJP he did.
Even if he finds a witness, then the SAO gets the name too, right?

Not only do they get the name, but if they don't agree...guess what else they get......a HEARING!!!!


You just can't make this stuff up!!

 

[beach]

I don't think HHJP will flex all that much on this one. At least without the defense showing a massive effort to comply between now and the date in question. This judge is known for being a stickler regarding schedules and dates. The defense is NOT just now getting a look at these materials. They have had ample opportunity to do so for over a year. BC did not get to look at the materials first nor did the SA. They bothered to go and actually look at them. I bet if the defense spends the full time between now and then looking through the files the judge may be generous and grant an extension. If they spend anything less than at least 1 to 2 full days making the attempt, well the judge will politely inform them that there lack of effort, preparation, planning and due diligence does not constitute an emergency on his part, nor a valid reason for altering his stated schedule. There is a limit to how far the judge can and will go to avoid appelate issues. The defense will always be able to find some, most of which will typically be shot down. As long as the judges decisions are well laid out, and treat everyone fairly then it will withstand appeal. I don't think an appelate court will side with the defense if they cry "we didn't have enough time" after a year of ignoring the evidence or whining in public while not actually reviewing it.

I agree with most all of what you are saying. My point is - I don't see the doc review & tabbing, subsequent meeting with Nejame & the SA AND coming to an agreement in re. which additional docs the defense should be allowed to investigate....OR more likely, NOT reaching an agreement, which would mean HHJP would need to review the docs in dispute, then set a hearing so each side could argue ....

Anyway, that is a LOT of "IF's", agreements and final ruling to come about before Wednesday, the 25th. (isn't that the deadline?)


eta: yikes! I just re-read this and my whole first paragraph is the longest run-on sentence EVER! lol
Sorry. Hope it made sense. Obviously, bedtime for me.