Baez Files 8 Motions In Case

[PoppyH]

Whos places of Intrests?? Caseys?? Hm Target, Fusions, Bars/Niteclubs, Tonys house, sounds like she wants some run around time to me, get real Casey, your daughter is laying somewhere , what a bunch of jaboneys!!


Poppy

 

[future criminologist]

I think you are mistaken about much of those things coming into play for the Neglect case. The report from Family Services...yes.

They are investigating a possible Homicide which is separate from the Neglect case. Evidence they are collecting towards charges there are not applicable. This would include the forensic results from the Body Farm, samples tested of soil, hair, bodily fluids, or any other tests. Results of LDTs performed in the process of investigating a possible Homicide again...not under the Neglect charge.

Baez HAS the evidence in the Discovery for that charge and the economic charges. They say that Casey lost her child and no one has seen her child since June 15th, 2008. Casey did not call 911 to report her as missing. It is all Baez is entitled to right now, imo.

I disagree. I think evidence that the child in question in a child neglect case might actually be DEAD is very much admissible. if the evidence shows she IS dead, it means CA lied to LE and the making false statements/obstruction charges hold up. if the evidence in the trunk shows that she isn't dead, it backs up Casey's story more. notice that in these motions Baez makes no mention of pending homicide or murder charges.

yes, that is all Baez is entitled to or deserves, in your opinion. the legal system, however, does not run on the basis of public opinion. complain about it all you want, but we don't live in Indonesia, and, guilty or not, we all have the right to a fair trial.

 

[future criminologist]

In what way is the body farm evidence connected to the current charges? LE has not charged Casey with any charges of causing the death of anyone yet.

she has, however, been charged with making false statements to police. if they can show that the body farm evidence is inconclusive or wrong, then that leaves the door open for them to argue that Casey's story about the nanny is true. it's all strategy anyway - he might be pitching to get all the evidence just to see what evidence he can actually get out of them, not because he thinks they'll actually give him everything. remember, this is just what's in his client's best interest to do.

 

[SeriouslySearching]

They are running two parallel investigations: MP and Homicide.

The charges of lying to LE stem from her intial statement about the missing child. They have proof she lied to investigators.

To prove the Neglect charge...they don't need to prove Caylee is deceased only still missing and she was responsible for her care at the time. Am I wrong on this point?

I thought WS Law 101 class taught me better. Always willing to learn tho.

 

[Blink34]

and I do believe that the motion related to the evidence gathered by Children and Family Services WILL be granted, since he can't effectively defend her on that charge without it.

I agree, if the investigation is closed, he should have it.
But, I am sure he would have received it and only put that in there to get a date on the overall frivolous motion and not be denied without oral arguments.

 

[Blink34]

she has, however, been charged with making false statements to police. if they can show that the body farm evidence is inconclusive or wrong, then that leaves the door open for them to argue that Casey's story about the nanny is true. it's all strategy anyway - he might be pitching to get all the evidence just to see what evidence he can actually get out of them, not because he thinks they'll actually give him everything. remember, this is just what's in his client's best interest to do.

Respectfully, legally, this is a black and white issue as to what he is entitled to. He motioned for discovery against these charges some time ago. It was received.
Save for the DFS info, he's on the hampster wheel with this one.

 

[Private Eye]

It's all blurb ,the lawyer and the client are feeling the heat.

Big time! :chicken:

 

[Zoe Bogart]

It's rare that you see a defense attorney try so diligently to make an ass of himself.

How did Miss Casey find just the perfect attorney for her? Kismet!

:Jumpie: :clap:

Karma is a B*TCH, isn't it?

So Casey wants to travel to find her daughter. Now really, why would a judge allow that when she hasn't been truthfully forthcoming with any helpful information? She should be mighty grateful I'm not the judge in this case. Her little butt would have never been released from jail after all the lying stunts she pulled. :gavel:

Unbelievable!!!!

 

[amethyst221]

No court is going to create special procedural rules just for the lovely Casey. If the defense needs more time after charges are filed for discovery or investigation, they just waive the right to go to trial right away and ask for more time. She will get all the process that is due.

I have no problem with Baez trying to make an argument to the court that the scope of what's discoverable for the pending charges is very broad. It has to be more than just a conclusion, though, or general whining about fairness without a legal basis. I'll look forward to hearing his cogent legal arguments and reading all the cases he cites to support his view. I don't see how Caylee could possibly be in a good, well-cared for state, since her own mother claims she is kidnapped by a criminal nanny or has been sold. Or is that a nice, loving, kidnapping, child-selling nanny who is taking excellent care of her? It IS confusing. Let's see how the court sorts it out.

 

[Seranade]

Why should they allow an attorney to see evidence for a charge that has not yet been filed?

The flip side is that there is a good chance that Casey would not be free on bail if murder charges had been filed by the state.

In exchange for her temporary freedom, her attorney is temporarily prevented from seeing the evidence being compiled against her.

People charged with murder are entitled to bond unless there is a flight risk.

I disagree. I think evidence that the child in question in a child neglect case might actually be DEAD is very much admissible. if the evidence shows she IS dead, it means CA lied to LE and the making false statements/obstruction charges hold up. if the evidence in the trunk shows that she isn't dead, it backs up Casey's story more. notice that in these motions Baez makes no mention of pending homicide or murder charges.
yes, that is all Baez is entitled to or deserves, in your opinion. the legal system, however, does not run on the basis of public opinion. complain about it all you want, but we don't live in Indonesia, and, guilty or not, we all have the right to a fair trial.

Exactly. The State can't have it both ways. When they go to trial on the neglect charges, are they ONLY going to argue that Casey misplaced her child and then didn't call 911 therefore she is guilty of neglect? NO, because they think she is dead. They will not be able to argue that she is dead and Casey is responsible without offering compelling evidence of such, and they can't offer such evidence without also giving it to the defendant.

 

[SeriouslySearching]

Respectfully, legally, this is a black and white issue as to what he is entitled to. He motioned for discovery against these charges some time ago. It was received.
Save for the DFS info, he's on the hampster with this one.

Thanks, O' Wise One!

I should get a gold star for my WS Law 101 lesson today!

 

[JustanotherJane]

I'm going to go against the flow here (I know, everyone is shocked ) and say that I think Baez's request for discovery should be granted. Many people on this board have said how smart LE is being in holding off charges while they analyze evidence and get their ducks in a row, in other words, while they prepare for a possible trial in the future. It seems to me that is extremely unfair to the suspect who should have an equal amount of time to prepare a defense. I want nothing more than for Casey to pay for her crimes but, like any other suspect, she should be entitled to a fair trial. How fair is it that the prosecution has so much more time to prepare for their case?

Why is it a problem anyway? If LE has solid evidence, like they claim in the media, why not allow Baez access to it? It's not like he can change or alter it in any way.

Actually, she had a 31 day start, so I'm not feelin' it. If they're going to charge her, then they can share what they have, until then, tough spit. She's not helping LE or herself, she deserves nothing more.

 

[karma-girl]

:Jumpie: :clap:

Karma is a B*TCH, isn't it?


Ooh, you scared me for a moment! I thought I did something wrong!:nerves:

 

[SeriouslySearching]

The State won't NEED it both ways when they go ahead and drop the Neglect charge and up it to Murder. Once that happens, Baez is entitled to the rest of what they have uncovered in their investigation.

 

[SeriouslySearching]

:Jumpie: :clap:

Karma is a B*TCH, isn't it?

Ooh, you scared me for a moment! I thought I did something wrong!:nerves:

Hahahaha~ Good one! (love the name!)

 

[future criminologist]

:Jumpie: :clap:

Karma is a B*TCH, isn't it?

So Casey wants to travel to find her daughter. Now really, why would a judge allow that when she hasn't been truthfully forthcoming with any helpful information? She should be mighty grateful I'm not the judge in this case. Her little butt would have never been released from jail after all the lying stunts she pulled. :gavel:

Unbelievable!!!!

sorry, I cant' remember who else on the thread said this, but I think this could be a move to force LE to file murder charges before they have the case ready. as it stands right now, since she has not yet been charged with murder, he's trying to make a case that there's no reason to prevent her from traveling or restrict her movements because, as it currently stands, she is just the mother of a missing child. he could also use it in the future to say that "she tried to help the investigation, but was denied by LE", etc. it's a risky move on his part but that's the only reason strategy-wise that I can think of that he would file this. the motion to travel has got to be a strategy move in some way, IMO, not because he actually thinks a judge will grant it.

 

[sarah7855]

I disagree. I think evidence that the child in question in a child neglect case might actually be DEAD is very much admissible. if the evidence shows she IS dead, it means CA lied to LE and the making false statements/obstruction charges hold up. if the evidence in the trunk shows that she isn't dead, it backs up Casey's story more. notice that in these motions Baez makes no mention of pending homicide or murder charges.

Bolded by me.
Re-reading the motions, page 5 of 21:
"In the event that the State does intend to use this evidence in a trial proceeding against the accused, then the defendant also has a right to have an expert of her choosing inspect and test the evidence. Certainly, evidence that the very dauqhter the defendant is accused of having neglected may have been dead in the trunk of the defendant's vehicle is a critical fact in a trial for child neglect. "

Seems to be what JB is getting at. I may not agree with it, but there's your back up.

 

[Chezhire]

I think I will stand out front of the court house with a BIG sign saying if you let Casey leave Orlando you will never see her again! Or NO Special treatment for Casey! Or What about Caylee's Rights? Or....

I could go on and on!

We should all pool some resources and get you a sign that changes it's message electronically, the way some of those billbaords do, so they would all fit!:furious::furious::furious:

 

[karma-girl]

Hahahaha~ Good one! (love the name!)

This new report has just tipped me over the edge...first I tell my son "I can't wait for NG to be on tonight (yes I said 'NG' not her name), and now I'm paranoid on blogs! ugh!!!

 

[believe09]

Could not agree more. There is no way you can compell evidence that concerns charges that have not been filed yet.

Funny thing about Casey's travel plans, they want the date and time and places to be concealed from the public..right. She had an opportunity to ride around with the detectives on the morning of the 16th of July..and lead them on a wild goose chase. If she knows where Caylee is then she just needs to tell someone..no need to run up the states bill on escorts etc

I happen to admire his brass ones-might as well ask for the moon and see if you are awarded the stars...