Casey Anthony attorney: Judge Perry has 'clear bias'

[LambChop]

Does that refer to one specific issue (motion) or throughout the case in general?
JS recused himself based on the defense complaint about his familiarity with blogger MD,not because of bias on a particular motion.So where does that leave us? I'm so

This was about JS being bias. The complaint was that MD was leaning towards the state, defense taking things MD said out of context and the fact that the Judge was friendly with someone who was critical of the case, was bias and thought KC was guilty. When in fact, at the time, MD was kinder than any blogger site regarding KC. The comment by JS is that he thought MD was being unbias. The irony IS rich. jmo

 

[JSR]

It refers to all motions to disqualify throughout the case, regardless of the reason(s) they were allegedly filed.

That makes me feel better. Like I said above I wasn't sure that they would be allowed to file another recusal motion, but if they could I'm sure that they would file one.

 

[AZlawyer]

That makes me feel better. Like I said above I wasn't sure that they would be allowed to file another recusal motion, but if they could I'm sure that they would file one.

If they file one, it will be a waste. A huge waste. They might even take a special action or whatever they call it in Florida to the appellate court on this issue. (As I'm sure you already know but others might not some issues can be appealed "early" although most have to wait until after trial.) But I feel confident that the appellate judges will treat that appeal on a super-expedited basis to avoid delaying the trial.

They can't wait until just before trial to file the motion, because it has to be filed within 10 days (probably 10 court days although I haven't checked) of discovery of the bias, and CM has now announced that the bias was discovered the day he read the order on the motions to suppress statements to LE. What day was that? :waitasec:

 

[CarolinaMoon]

From what I understood from the discussion when Judge Strickland recused himself, the defense gets one "free shot" at a judge. First judge in a case to be asked to recuse himself must make the decision on the basis that the statements in the motion are true. Judge Strickland really had no choice in the matter.

This time round, the defense has to prove their case. For Perry to recuse himself, he would have to decide if the accusations made in the motion were true or false. If false, he can refuse to recuse himself. Then, the defense would have to appeal that decision, hopefully on an expedited basis as AZ Lawyer mentioned.

 

[Omachka]

If they file one, it will be a waste. A huge waste. They might even take a special action or whatever they call it in Florida to the appellate court on this issue. (As I'm sure you already know but others might not some issues can be appealed "early" although most have to wait until after trial.) But I feel confident that the appellate judges will treat that appeal on a super-expedited basis to avoid delaying the trial.

They can't wait until just before trial to file the motion, because it has to be filed within 10 days (probably 10 court days although I haven't checked) of discovery of the bias, and CM has now announced that the bias was discovered the day he read the order on the motions to suppress statements to LE. What day was that? :waitasec:

I was thinking that they didn't file this as a precursor to an attempt for a recusal motion but as a means of delay. Now that the judge has denied their motion, they may try and appeal that order as a way to put off the May trial date. Does that seem plausible to you? IMO that shows that they feel KC is guilty... if you can't win, then delay; delay; delay. Hopefully they will not succeed in this if the appeals court will expedite whatever they try. As for all the irony, wow. JS didn't even realize just how rich it really was when he wrote that order.

 

[LambChop]

If they file one, it will be a waste. A huge waste. They might even take a special action or whatever they call it in Florida to the appellate court on this issue. (As I'm sure you already know but others might not some issues can be appealed "early" although most have to wait until after trial.) But I feel confident that the appellate judges will treat that appeal on a super-expedited basis to avoid delaying the trial.

They can't wait until just before trial to file the motion, because it has to be filed within 10 days (probably 10 court days although I haven't checked) of discovery of the bias, and CM has now announced that the bias was discovered the day he read the order on the motions to suppress statements to LE. What day was that? :waitasec:

March 18th for the public

 

[JSR]

I was thinking that they didn't file this as a precursor to an attempt for a recusal motion but as a means of delay. Now that the judge has denied their motion, they may try and appeal that order as a way to put off the May trial date. Does that seem plausible to you? IMO that shows that they feel KC is guilty... if you can't win, then delay; delay; delay. Hopefully they will not succeed in this if the appeals court will expedite whatever they try. As for all the irony, wow. JS didn't even realize just how rich it really was when he wrote that order.

They can't appeal the order denying the rehearing. The only side who is allowed to appeal an order regarding evidentiary matters is the prosecution (at least before trial). But if the defense now decides to file a motion to recuse Judge Perry and he denies that motion then the defense could file an appeal on that order. IMO they wouldn't win but they could win the small victory of delaying the trial. Which personally I'm of the opinion their main defense is 1) someone else placed Caylee on Suburban 2) delay delay delay or 3) mistrial mistrial mistrial.

I'm sure their biggest nightmare is what is coming in 44 or so days away. They aren't prepared and they know it.

 

[JSR]

If they file one, it will be a waste. A huge waste. They might even take a special action or whatever they call it in Florida to the appellate court on this issue. (As I'm sure you already know but others might not some issues can be appealed "early" although most have to wait until after trial.) But I feel confident that the appellate judges will treat that appeal on a super-expedited basis to avoid delaying the trial.

They can't wait until just before trial to file the motion, because it has to be filed within 10 days (probably 10 court days although I haven't checked) of discovery of the bias, and CM has now announced that the bias was discovered the day he read the order on the motions to suppress statements to LE. What day was that? :waitasec:

says 03/18/11

LCD would set the deadline 04/01/11

Calendar days would put it at 03/29/11

 

[LambChop]

From what I understood from the discussion when Judge Strickland recused himself, the defense gets one "free shot" at a judge. First judge in a case to be asked to recuse himself must make the decision on the basis that the statements in the motion are true. Judge Strickland really had no choice in the matter.

This time round, the defense has to prove their case. For Perry to recuse himself, he would have to decide if the accusations made in the motion were true or false. If false, he can refuse to recuse himself. Then, the defense would have to appeal that decision, hopefully on an expedited basis as AZ Lawyer mentioned.

I believe JS did have a choice and did not have to recluse himself. He did so to avoid further conflict not because the statements were true. That is the way I remember it. jmo

 

[LambChop]

says 03/18/11

LCD would set the deadline 04/01/11

Calendar days would put it at 03/29/11

LOL. April 1st, now that WOULD be rich....

 

[JSR]

LOL. April 1st, now that WOULD be rich....

Yes, yes, yes it would. Talk about Fools day ....

 

[NoNameLeft]

If they file one, it will be a waste. A huge waste. They might even take a special action or whatever they call it in Florida to the appellate court on this issue. (As I'm sure you already know but others might not some issues can be appealed "early" although most have to wait until after trial.) But I feel confident that the appellate judges will treat that appeal on a super-expedited basis to avoid delaying the trial.

They can't wait until just before trial to file the motion, because it has to be filed within 10 days (probably 10 court days although I haven't checked) of discovery of the bias, and CM has now announced that the bias was discovered the day he read the order on the motions to suppress statements to LE. What day was that? :waitasec:

It was March 18, so they have 5 more court days to file.

I think Mason shouted bias just to score some headlines, because I cannot believe he actually thought he could scare Judge Perry to rule more in favor of the defense. If there is no legal gain, the fun is to get the media/public all worked up.

ETA: sorry, JSR... completely missed your post.
ETA 2: and yours as well, Lambchop... Guess I need glasses

 

[TallyHo]

Could the possible motive for CM filing that motion yesterday be that he was trying to bully HHBP into a favorable ruling on the Frye hearing so as to not appear biased? The timing just seems so suspect, and CM comes off as a very big bully to me.

 

[Omachka]

They can't appeal the order denying the rehearing. The only side who is allowed to appeal an order regarding evidentiary matters is the prosecution. But if the defense now decides to file a motion to recuse Judge Perry and he denies that motion then the defense could file an appeal on that order. IMO they wouldn't win but they could win the small victory of delaying the trial. Which personally I'm of the opinion their main defense is 1) someone else placed Caylee on Suburban 2) delay delay delay or 3) mistrial mistrial mistrial.

I'm sure their biggest nightmare is what is coming in 44 or so days away. They aren't prepared and they know it.

Thank you. I understand now. So, we can probably expect them to wait as long as possible to file a motion for recusal and hope that it's enough to delay the trial. Seems to me that they don't think they have much hope of winning based on SODDI and probably don't stand much chance of mistrial with HHJP on the bench so they are desperately seeking number 2 above... delay, delay, delay.

 

[tlcya]

flabberghasted. In a word.

 

[AZlawyer]

says 03/18/11

LCD would set the deadline 04/01/11

Calendar days would put it at 03/29/11

If they filed a motion to disqualify on 04/01/11 at 4:59 pm, IMO HHJP would deny it on 04/04/11 (Monday). I bet the Florida appellate courts could expedite a special action from that decision PDQ and get it done before the week on 04/18/11 when the remaining motions are to be addressed.

 

[katydid23]

Could the possible motive for CM filing that motion yesterday be that he was trying to bully HHBP into a favorable ruling on the Frye hearing so as to not appear biased? The timing just seems so suspect, and CM comes off as a very big bully to me.

I wonder the same thing about the timing. The air samples are going to be a controversial decision either way it goes. There is a good case to be made for each side. So if Judge Perry knows that he is up for recusal, is he going to feel
defensive and lean towards throwing out the air samples?

 

[JSR]

If they filed a motion to disqualify on 04/01/11 at 4:59 pm, IMO HHJP would deny it on 04/04/11 (Monday). I bet the Florida appellate courts could expedite a special action from that decision PDQ and get it done before the week on 04/18/11 when the remaining motions are to be addressed.

I totally agree with you. I think the appellate court is probably very aware of how many eyes are on this case. And probably want nothing to do with becoming a tool to further delay a case that in my opinion should have been well on its way to being heard.

But I understand the usefulness of the delay tactic for the defense. I'm sure they hope that memories fade, that more LE officers die (heck one already has), and that the public loses interest. I get it, but I don't think even delay will seriously help this case.

It may not be a slam dunk case but we have seen cases with less evidence come out with a guilty verdict (and rec'd the death sentence) a la Scott Peterson. And in my opinion in it's totality this is a very strong case. There is a lot the defense will have to overcome. And the one thing they can't do is hide Casey away. Her demeanor alone hurts her case in a big way.

 

[sassy_texasbelle2]

I hope this new ruling just made the DT weekend. I love it when they get scre**d. Makes me smile soooooo big.

 

[mydailyopinions]

I believe Cheney Mason is looking for a way out of this case because he realizes that as long as Baez is there, he stands the chance of being terribly embarrassed everyday for 2 months.:floorlaugh::floorlaugh:

This is just his stepping stone to begin his quest to leave the team like Lyons did. Next thing will be a press conference saying he is leaving because he feels that ICA will not get a fair trial with this judge!:great::great: