Casey files for-Indigency; Defense reveals how much it's been paid!

[Searchfortruth]

Love it ! There are plenty of experts in Florida, no need to go out of state Jose !

How sweet it is !

 

[logicalgirl]

After reading through the whole JAC document - I don't think it is looking good for either the Investigator, or the Mitigation Specialist Barrett (do I have that name right?)

JAC plainly says the Indigent person cannot expect to have the same services as one who is privately paying fees and having a consultant that is "to his or her liking" is not a consideration to a fair trial.

I'm assuming the University and Lyon(s) would have to completely fund the Mitigation Specialist and her expenses including travel as this is an out of state individual. JAC is quite emphatic that specialists used must be from the state of Florida unless it can be proven this field is so specialized none are available in the state. AND there are caps on the amount of hours a specialist can spend with/on a defendant.

I'm not seeing a rubber stamp yes on either of these motions.

 

[Bee Charmer]

I think baez is going to have a huge problem with the JAC rules and regulations regarding how an indigent defense is funded, compared to what he is requesting thru his motions.

Judge Perry will set him straight tho, of this I have no doubt.

 

[Sun]

Lyon appears to be trying to stay afloat on this case, and to gather in as much funding as she can get out of the State of Florida. IMO, she is used to hearing NO many, many times. And, then asking for the same thing over and over again.

 

[Aedrys]

I think baez is going to have a huge problem with the JAC rules and regulations regarding how an indigent defense is funded, compared to what he is requesting thru his motions.

Judge Perry will set him straight tho, of this I have no doubt.

Yep, I'm thinking this hearing is why they are so nervous, and why they didn't want JS to step down so fast. With him, they probably could have set a later date for the hearing and maybe got their way a bit more (not a lot more, I still think JS would have been firm, but JP is so much more bring the hammer down than JS was). With JP, and the hearing being tomorrow, this defense is so totally screwed.

Guess they should have thought about that before that motion against JS, huh? Apparently they are just like their client, only seeing this case ten minutes at a time without considering the consequences of their actions.

 

[coco puff]

JB might have to brush up on his skill set and maybe buy a dictionary :crazy:

VIII. RECORD RETENTION/AUDIT

Attorney shall keep contemporaneous detailed records to enable JAC to verify all costs and expenses paid under this agreement. The records shall include supporting documentation necessary to adequately evaluate and substantiate payments made under this Agreement. Attorney agrees to retain and make available for inspection and audit at Attorney's place of business, upon reasonable notice, all books, statements ledgers and other financial records relating to services under this agreement for a period of five years from the date of each payment, or until all Federal or State audits that may relate to each payment are complete for the applicable fiscal year, whichever is later, unless ordered sealed by the Court.

 

[RR0004]

He has already been paid. He has done nothing up to this point. $90,000 should take him through the whole trial. Had he done what he was getting paid for the depos would be done and we would be looking at a trial this year. With all the monies KC is reported to have received the taxpayers of Florida have a right to know where the money went. jmo

You go LambChop!!!!!!!

 

[RR0004]

JB might have to brush up on his skill set and maybe buy a dictionary :crazy:

VIII. RECORD RETENTION/AUDIT

Attorney shall keep contemporaneous detailed records to enable JAC to verify all costs and expenses paid under this agreement. The records shall include supporting documentation necessary to adequately evaluate and substantiate payments made under this Agreement. Attorney agrees to retain and make available for inspection and audit at Attorney's place of business, upon reasonable notice, all books, statements ledgers and other financial records relating to services under this agreement for a period of five years from the date of each payment, or until all Federal or State audits that may relate to each payment are complete for the applicable fiscal year, whichever is later, unless ordered sealed by the Court.

This reminds me of the Judge asking Baez about the number of motions that haven't been heard...he was clueless. He better get things straight or will have a hard time defending his right to funds....just mho.

 

[Star12]

Lyon appears to be trying to stay afloat on this case, and to gather in as much funding as she can get out of the State of Florida. IMO, she is used to hearing NO many, many times. And, then asking for the same thing over and over again.

I have a feeling that JP will not allow that tactic.

 

[RainyGirl]

here are the motions filed yesterday:


Motion to Seal All Justice Administration Commission Documents
http://www.docstoc.com/docs/37483721/20100504-Motion-to-Seal-All-JAC-Documents

Amended MOTION FOR JUSTICE ADMINISTRATION Commission
HEARING AND MOTION FOR APPROVAL OF OUT OF STATE MITIGATION
SPECIALIST AND EXPERT WITNESSES
http://www.docstoc.com/docs/3748456...te-Mitigation-Specialist-and-Expert-Witnesses

And here is the JAC Post-hearing Memo - A must read, IMO. They want a LIEN filed on Casey at case end, and if Baez comes up with any money between now and the end of the case, he HAS to notify the JAC
http://www.docstoc.com/docs/36596270/03192010-JAC-Post-Hearing-Memorandum[/QUOTE]

Thank you Muzikman! ITA that the JAC Post-hearing Memo is a must read! I wonder who will be pulling an (uncharacteristic) "all-nighter" in preparation for the budget hearing???!! It's clear that all the rocks and stones are going to be turned over now. I wonder what bugs the JAC and the Honorable Judge Perry, Jr. are going to find squirming underneath??

 

[logicalgirl]

here are the motions filed yesterday:


Motion to Seal All Justice Administration Commission Documents
http://www.docstoc.com/docs/37483721/20100504-Motion-to-Seal-All-JAC-Documents

Amended MOTION FOR JUSTICE ADMINISTRATION Commission
HEARING AND MOTION FOR APPROVAL OF OUT OF STATE MITIGATION
SPECIALIST AND EXPERT WITNESSES
http://www.docstoc.com/docs/3748456...te-Mitigation-Specialist-and-Expert-Witnesses

And here is the JAC Post-hearing Memo - A must read, IMO. They want a LIEN filed on Casey at case end, and if Baez comes up with any money between now and the end of the case, he HAS to notify the JAC
http://www.docstoc.com/docs/36596270/03192010-JAC-Post-Hearing-Memorandum[/QUOTE]

Thank you Muzikman! ITA that the JAC Post-hearing Memo is a must read! I wonder who will be pulling an (uncharacteristic) "all-nighter" in preparation for the budget hearing???!! It's clear that all the rocks and stones are going to be turned over now. I wonder what bugs the JAC and the Honorable Judge Perry, Jr. are going to find squirming underneath??

Wood Bugs! I loved them when I was a kid - LOL - but maybe Mr. Baez - not so much.:croc:

 

[Omachka]

As a FL Taxpayer, if he's asking and getting public money, then he has to show where it's all going. If he didn't want that, he shouldn't have wasted money on flying 1st Class to NYC, going on boat trips with Geraldo, steak dinners at fancy restaurants and on and on and on.

The "endless speculation" will go on regardless of whether these docs are public or not. IMO, it will not affect her "right to a fair trial." What WILL affect her right to a fair trial is the Defense Team going on talk shows and discussing their case. :furious:

I so so so TA! It is ridiculous for them to ask for all this money and then say those who are paying it have no right to see how it's being spent. I am so tired of all the slipping around the rules that I've seen going on with this defense. I don't trust Baez to properly spend the money it's that plain and simple. Not only that but I want to know where the money he already had went. If he didn't have enough for fees and costs (especially since there weren't that many costs with no actual work being done), then I want to know where it all went and how many hours Baez actually spent working on the case (not the media coverage but actual work). Now they are busy trying to seal everything up because of speculation... well, what does the speculation matter to them and how does it hurt KC? The outcome of her case will be done in the courtroom according to the rules of law... not but public speculation. She'll get her fair trial whether the tax payers who are being asked to pay for the whole thing speculate or not. Grrrr... ok... calming down now to avoid an ulcer.

All that being said, MM, I truly appreciate everything you do for us by getting these documents and putting them up for us to read. You really do rock! :Banane09:

 

[faefrost]

Figures they'd want to fight for their out of state people. And of course they want the documents sealed. Can't have the public they've been trying to taint see how dirty and underhanded they really are.
And OOOOOOOH, that memo, I LOVE THAT MEMO!!!! It's very thorough, and just wow on the rules. I am smiling already. Also, I hope that part about the lien comes to pass. Oh how THAT would p*** off Baez and Casey. Can't make anymore blood money off of Caylee! And we all know the A's are not going to share their money with either of them.

I am going to be rooting for that to pass tomorrow! I cannot WAIT for this hearing!

And sadly, therein lies why this hearing probably will be sealed. A defendant cannot and should not be convicted based on the ethical lapses or underhanded financial business practices of their attorney. Only on the evidence of the crime for which they themselves are accused. As much as I really do want to see the financial misdealings, unless KC has a direct hand in it, and it has a direct bearing on the case against her (such as the check fraud) then it does not belong in the public eye at this time. The JAC and BP should be equally hard on the defense finances regardless of whether we see it or not. That is part of what the state pays them for.

 

[CarolinaMoon]

The hearing will be in open court tomorrow at 9 AM sharp!

InSession announced this morning they will broadcast it live.

Muzikman, thank you so much for the new documents tody. You are better than best!

 

[Mamabear1963]

Thanks MM!!!

That file is um...encouraging

3. Considerirg this substantial amount, the Court should compel a full accounting
-
from the defense team to establish the disposition of the
$275,000.00
before determining whether the Defendant
is
indigent for costs.

Can't wait for this one... :croc:

 

[SallyLu]

Muzikman, you posted the following:

And here is the JAC Post-hearing Memo - A must read, IMO. They want a LIEN filed on Casey at case end, and if Baez comes up with any money between now and the end of the case, he HAS to notify the JAC

http://www.docstoc.com/docs/36596270...ing-Memorandum


I am one happy camper after reading this memo. Thankyou so much!!

 

[Intermezzo]

Muzikman, you posted the following:

And here is the JAC Post-hearing Memo - A must read, IMO. They want a LIEN filed on Casey at case end, and if Baez comes up with any money between now and the end of the case, he HAS to notify the JAC

http://www.docstoc.com/docs/36596270...ing-Memorandum


I am one happy camper after reading this memo. Thankyou so much!!

Great Memo
Can't wait for the Hearing tomorrow...it's my day off :dance:

 

[Aedrys]

And sadly, therein lies why this hearing probably will be sealed. A defendant cannot and should not be convicted based on the ethical lapses or underhanded financial business practices of their attorney. Only on the evidence of the crime for which they themselves are accused. As much as I really do want to see the financial misdealings, unless KC has a direct hand in it, and it has a direct bearing on the case against her (such as the check fraud) then it does not belong in the public eye at this time. The JAC and BP should be equally hard on the defense finances regardless of whether we see it or not. That is part of what the state pays them for.

But everybody already knows how sneaky and underhanded they've been. That is news is so old, it's stale. Sealing this up only makes the public speculate MORE about how bad this defense really is. If I were Baez, I'd want it open so that maybe I could try and rescue my tarnished image instead of letting it go deeper into murkier, dirtier water.

You might be right legally, but in my eyes, her fairness to get a trial because her defense is looking bad is an issue that is WAY PAST it's freshness date. Most people already know this defense is about the worst that's ever been seen. Their incompetence and love for the media is staggering. I don't know that we could possibly get angrier about them or think worse of them at this point, but I've been wrong before.

 

[okiedokietoo]

Thank You Muzikman!

On page 2
5)....
For the defense to have utilized the entire $275,000
while this case is still in the investigatory stage seems
unusual.

 

[legalmania]

The statutes are for both criminal and civil cases, but only for cases where there is a right to court-appointed counsel as provided by some other statute. The only civil proceeding where I know there is a right to court-appointed counsel in Florida is termination of parental rights (e.g., for child abuse, abandonment, etc.). There is no right to court-appointed counsel to defend yourself in a defamation case.

F.S. 27.52 is the statute that Baez used in his motion for determination of indigence for cost to claim Casey indigent. It is also used in the form, Indigent for cost Affidavit of Attorney fees Pursuant to F.S. 27.52.(5) The other two statutes are links within the statute, and mentioned in the JAC Post Hearing Memorandum.