Defense Motion to Seal Penalty Phase Discovery Documents

[The World According]

If you don't mind, respectfully, Numbers...where did you get that?

 

[nums24]

Rumors abound that Ms Barrett neglected to get a FL license and thus cannot further participate, per JAC rules.

But so far it's only a rumor. I'm keeping my trusty salt shaker on high alert.

Barrett is still not registered as an investigator or mental health professional, I checked last night. The JAC requires that all providers have a FL License.

Page 14 - http://justiceadmin.com/faq/Training Modules/InvestBilling1.pdf

A mitigation specialist must have a valid Class C investigator License unless he or she:

Holds a professional Florida license in a field such as mental health or psychology, or

Is a member of The Florida Bar.

Here are the license lookup links:

Healthcare - https://ww2.doh.state.fl.us/IRM00PRAES/PRASLIST.ASP

Private Investigator: http://licgweb.doacs.state.fl.us/access/individual.html

 

[Intermezzo]

Am I mistaken or did HHJP tell Finnell at last month's hearing the Defense team already had a mitigation expert in J. Barrett? So way was Finnell going around the subject of needing a mitigation expert again? :waitasec:
The visitation logs show Jeanine Barrett last visited ICA on the 7th of November. She may have gone later than that, but the logs are only showing up to and including that date. Anyone have any clarification on this issue?

LG, I have asked that question as well.
Is JB getting replaced? Is she leaving?
I get the distinct impression Finnell is looking for another Mitigation Specialist..
Judge Perry said in a hearing about how the Defense argued they needed to keep JB because of all the work she had done and the "bond" she had established with Casey so he granted the out of state mitigation expert and that it JBarrett.

 

[logicalgirl]

Barrett is still not registered as an investigator or mental health professional, I checked last night. The JAC requires that all providers have a FL License.

Page 14 - http://justiceadmin.com/faq/Training Modules/InvestBilling1.pdf

A mitigation specialist must have a valid Class C investigator License unless he or she:

Holds a professional Florida license in a field such as mental health or psychology, or

Is a member of The Florida Bar.

Here are the license lookup links:

Healthcare - https://ww2.doh.state.fl.us/IRM00PRAES/PRASLIST.ASP

Private Investigator: http://licgweb.doacs.state.fl.us/access/individual.html

So for all the work Barrett has done that the JAC and HHJP knows mean they won't pay her for it because she doesn't have the required license?

This isn't making sense. Baez asked for and was granted more hours for her wasn't he?

 

[logicalgirl]

LG, I have asked that question as well.
Is JB getting replaced? Is she leaving?
I get the distinct impression Finnell is looking for another Mitigation Specialist..
Judge Perry said in a hearing about how the Defense argued they needed to keep JB because of all the work she had done and the "bond" she had established with Casey so he granted the out of state mitigation expert and that it JBarrett.

It sure looked like that didn't it. Not this recent hearing but the past one with Finnell first on the scene, she seemed then to make it clear she had no intention of working with Barrett but I really did not understand why.

I wonder what exactly is going on? I suppose that's a silly question to be expecting the defense to answer.....:waitasec:

 

[nums24]

So for all the work Barrett has done that the JAC and HHJP knows mean they won't pay her for it because she doesn't have the required license?

This isn't making sense. Baez asked for and was granted more hours for her wasn't he?

NO, it isn't making any sense, and yes HHJP did approve more hours for J. Barrett: http://www.ninthcircuit.org/news/Hi...s, Mitigation Specialist, and Other Costs.pdf

 

[ZsaZsa]

Rumors abound that Ms Barrett neglected to get a FL license and thus cannot further participate, per JAC rules.

But so far it's only a rumor. I'm keeping my trusty salt shaker on high alert.

The mind just boggles! She is involved in a DP case and she doesn't bother/or is not aware she needs to be licensed when working in another state?

 

[countzero]

What doesn't boggle the mind is JB not knowing this. Dollars to donuts, he "failed" to alert HHJP of this information and led HHJP to believe JBarrett was licensed in Florida. What I do recall is all her prior collection of info can be used by AF. They just need to find a licensed Mitigation specialist in Florida to pick up the slack. Won't change the outcome either.

AF must have popped another gray hair learning this and wondering why she jumped on the sinking ICA boat. Does she need the media exposure this much to be associated with them ... I am not impressed with her one bit.

 

[LambChop]

What doesn't boggle the mind is JB not knowing this. Dollars to donuts, he "failed" to alert HHJP of this information and led HHJP to believe JBarrett was licensed in Florida. What I do recall is all her prior collection of info can be used by AF. They just need to find a licensed Mitigation specialist in Florida to pick up the slack. Won't change the outcome either.

AF must have popped another gray hair learning this and wondering why she jumped on the sinking ICA boat. Does she need the media exposure this much to be associated with them ... I am not impressed with her one bit.

Maybe she feels that SOMEONE has to do it the right way. jmo

 

[CarolinaMoon]

I'm wondering if Barrett was okay to work in Florida as long as she was being privately paid. Now, with JAC rules in place, there could be a problem with the rules the JAC has in place.

I would also imagine that the work she has done will be passed on to Finnell and the hours given for a mitigation specialist will apply to the one Finnell chooses... one in full compliance with the JAC rules.

 

[Just Jayla]

Just reading here and thinking in broad terms....

This is becoming a nightmare case. Without going into how much I loathe Casey Anthony, even a lovely girl like her needs to have a proper defense and speedy trial (I don't care if she waived it) and all of the ins and outs of people, lawyers, this expert, that one, depos, no depos, same motions filed 20,000 times....it's just wrong.
By no means am I putting the onus on the state, they are the one constant that I wish would shine more brightly than ever right now...
I know HHJP is HHJS "boss" and probably a bit more experienced/lauded, but I am starting to wonder if this could have been better reigned in with Judge Strickland. There has been such a disconnect between the time Cheney and HHJP came into the picture, the case is like looking in a funhouse mirror compared to what it was.
Dare I write that all of the hard work that the detectives did on this case, all of the reading and following we who care about how Caylee died have done...it's all getting sucked into an odd black hole, God knows what will be spit out the other side.
Trial cannot come soon enough.

 

[RR0004]

Just reading here and thinking in broad terms....

This is becoming a nightmare case. Without going into how much I loathe Casey Anthony, even a lovely girl like her needs to have a proper defense and speedy trial (I don't care if she waived it) and all of the ins and outs of people, lawyers, this expert, that one, depos, no depos, same motions filed 20,000 times....it's just wrong.
By no means am I putting the onus on the state, they are the one constant that I wish would shine more brightly than ever right now...
I know HHJP is HHJS "boss" and probably a bit more experienced/lauded, but I am starting to wonder if this could have been better reigned in with Judge Strickland. There has been such a disconnect between the time Cheney and HHJP came into the picture, the case is like looking in a funhouse mirror compared to what it was.
Dare I write that all of the hard work that the detectives did on this case, all of the reading and following we who care about how Caylee died have done...it's all getting sucked into an odd black hole, God knows what will be spit out the other side.
Trial cannot come soon enough.

Perfectly said, Jayla. It's really beginning to annoy the heck out of me. I wasn't thrilled with lawyers before, but after seeing the shenanigans of this TEAM, I'm utterly and thoroughly disgusted. I know a lot of this legal wrangling is par for the course, but honestly...someone's gotta get a grip of the situation. RH posted on another thread that the defense could have been ordered to hand over the expert's contracts, expenses, etc. I'm not understanding why he (JP) didn't? Remember way back, when the defense asked for all pertinent info about the State's experts? That was sooo long ago. The State complied. I get that they can get the info at the time of the deposition, but aren't they entitled to prepare for a deposition? It's time to get all this extraneous nonsense wrapped up and get ready for trial!!

 

[ZsaZsa]

I'm wondering if Barrett was okay to work in Florida as long as she was being privately paid. Now, with JAC rules in place, there could be a problem with the rules the JAC has in place.

I would also imagine that the work she has done will be passed on to Finnell and the hours given for a mitigation specialist will apply to the one Finnell chooses... one in full compliance with the JAC rules.

IIRC she is a Licensed Social Worker, and in order to work in Florida in any professional capacity she would certainly require a Florida license....
In my profession it's a matter of them checking credentials and records and issuing a reciprocal license, not that difficult to do providing you graduated from an accredited Institution.
Certainly something any professional knows they have to do, or the State licensing authority can take significant action against you...

 

[OneLostGrl]

Just reading here and thinking in broad terms....

This is becoming a nightmare case. Without going into how much I loathe Casey Anthony, even a lovely girl like her needs to have a proper defense and speedy trial (I don't care if she waived it) and all of the ins and outs of people, lawyers, this expert, that one, depos, no depos, same motions filed 20,000 times....it's just wrong.
By no means am I putting the onus on the state, they are the one constant that I wish would shine more brightly than ever right now...
I know HHJP is HHJS "boss" and probably a bit more experienced/lauded, but I am starting to wonder if this could have been better reigned in with Judge Strickland. There has been such a disconnect between the time Cheney and HHJP came into the picture, the case is like looking in a funhouse mirror compared to what it was.
Dare I write that all of the hard work that the detectives did on this case, all of the reading and following we who care about how Caylee died have done...it's all getting sucked into an odd black hole, God knows what will be spit out the other side.
Trial cannot come soon enough.

She'll get out on appeal.

 

[OneLostGrl]

Perfectly said, Jayla. It's really beginning to annoy the heck out of me. I wasn't thrilled with lawyers before, but after seeing the shenanigans of this TEAM, I'm utterly and thoroughly disgusted. I know a lot of this legal wrangling is par for the course, but honestly...someone's gotta get a grip of the situation. RH posted on another thread that the defense could have been ordered to hand over the expert's contracts, expenses, etc. I'm not understanding why he (JP) didn't? Remember way back, when the defense asked for all pertinent info about the State's experts? That was sooo long ago. The State complied. I get that they can get the info at the time of the deposition, but aren't they entitled to prepare for a deposition? It's time to get all this extraneous nonsense wrapped up and get ready for trial!!

Seems to me the judge everyone raves about should be dealing with this.

 

[kaRN]

I'm wondering if the mitigation specialist grew a conscience and quit. Aiding and albeiting a murderer so close to Christmas can't be good karma IMO.
Or maybe she went to a paediatric cancer ward and had a revelation that maybe all the baby killers in the world weren't worth saving and has decided to put her energy into helping innocents instead.

 

[nums24]

IIRC she is a Licensed Social Worker, and in order to work in Florida in any professional capacity she would certainly require a Florida license....
In my profession it's a matter of them checking credentials and records and issuing a reciprocal license, not that difficult to do providing you graduated from an accredited Institution.
Certainly something any professional knows they have to do, or the State licensing authority can take significant action against you...

FL does not have license reciprocity:

http://www.doh.state.fl.us/mqa/491/soc_lic_req.html#Licensure

Snipped:

"Description of Service: The Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling licenses and regulates clinical social workers, marriage and family therapists, and mental health counselors who meet the statutory requirements for safe practice in Florida. Chapter 491, Florida Statutes governs the practice of CSW/MFT/MHC, including interns, in Florida. Rule Chapter 64B4, Florida Administrative Code are the rules that define the Board’s policies.

For information on licensure by endorsement, please see Section 491.006, Florida Statutes. Florida does not have reciprocity with any state, nor do these boards license corporations."

And here is the statute quoted:

http://www.leg.state.fl.us/statutes...ng=&URL=0400-0499/0491/Sections/0491.006.html

ETA:
I don't believe she is legally allowed to practice in Florida: https://www.flrules.org/gateway/RuleNo.asp?title=DISCIPLINE&ID=64B4-5.001

There are specific exam dates, you can't test at anytime:

http://www.doh.state.fl.us/mqa/491/info_Exam.pdf

 

[nums24]

Page 20 of this link is a case of a Dr. unlicensed in FL:

http://www.floridasupremecourt.org/...00&rlead=500&sufs=0&order=r&cq=&id=49a5e0e111

 

[nums24]

The order specifically states: "These persons have agreed and shall comply with the rates, policies and procedures as established by the JAC and Indigent Services Committee." Upthread I posted their policies/procedures.


Here is the original motion for J. Barrett: http://www.docstoc.com/docs/3748456...te-Mitigation-Specialist-and-Expert-Witnesses

Here is the order: http://www.ninthcircuit.org/news/Hi...& Procedures for Future Motions 5-12-2010.pdf

 

[Just Jayla]

She'll get out on appeal.

And it didn't have to be that way-whether ya want KC to see the needle or the light of day-in the beginning, even with many unanswered questions, this case was much clearer. The state had so much in the way of a timeline and circumstantial evidence, the defense had so many angles they could pursue...it's just all getting foggier and foggier...
Now it's just muck that festers at the surface, when small strides are made every once in a while. There used to be momentum. Now there is just space filled with nonsense.