Former Defense Attorney,Todd Macaluso *Merged*

[Chezhire]

Cross-examination is absolutely an art. I've seen stunningly good and bad examples. I can't help it, but I just have an instinctive negative reaction to people who have the need to tell me they're great, so his comments so far in Florida aren't persuading me. He may be very good. I love nothing more than watching a great cross just beat the carp out of an evil corporate exec in a case brought by real, injured people. It's gonna be a little different defending the horrid mother charged with murdering a beautiful little two-year old by trying to eviscerate everyone who did anything to try to help or find or bring justice to her.

You sure hit the nail on the head. He's going to be trying to switch sides - he's now got the least sympathetic client, instead of the family members of tort victims. Unusual switch...but then again, he's very familiar with how to represent the victim, so maybe his role is to advise defense on SA's plan.

 

[Paintr]

You sure hit the nail on the head. He's going to be trying to switch sides - he's now got the least sympathetic client, instead of the family members of tort victims. Unusual switch...but then again, he's very familiar with how to represent the victim, so maybe his role is to advise defense on SA's plan.

According to Cindy KC is as much a victim as Caylee is so I guess he will be working for the 'victim' here. If his motion to practise in Florida is approved, that is.

If his motion is denied, can he still legally advise JB as long as he doesn't argue in court?

 

[amethyst221]

I wondered if he was taking the depos, which presumably he can do without being admitted.

 

[Paintr]

I wondered if he was taking the depos, which presumably he can do without being admitted.

If one deposition only took 4 hours, he must have been. JB, with his ummm's and hummms's would have taken much longer. That boy is anything but concise.

 

[trixi491]

Saw him again going to take depos with JB today (and of course laughing and smiling and saying "I'm happy" when asked if they've been successful). Does anyone know if he can take depos even if he's not admitted? The last thing we need is another pompous, cocky attorney on this case

 

[cecybeans]

Saw him again going to take depos with JB today (and of course laughing and smiling and saying "I'm happy" when asked if they've been successful). Does anyone know if he can take depos even if he's not admitted? The last thing we need is another pompous, cocky attorney on this case

Maybe he's just JB's ventriloquist...

My guess is that LBK was busy and they needed to send out a seasoned pro to help Junior because every time he does something on his own, either SA types are stifling smiles on video or the media rips it apart.

If Macaluso is the expert on accidents he has a reputation for, he may simply be around to help construct part of a defense in which the ME's determination of homicide (even without COD) is downgraded to a possible accidental death (with an elaborate cover-up from a defendant in a dissociative "petrified" state) followed by a blinding LBK laser light show to fuzzy up the forensics, hoping the jury will be too exhausted and confused to think felony manslaughter is an unreasonable verdict.

 

[Hell's Belle]

Mr. Macaluso filed a request on 3/24/2009 for referral to the Alternative Discipline Program (ADP) of the California State Bar. This request was granted on the same date. A status conference on the three consolidated charges that was scheduled to be heard yesterday was continued until 4/29. Go to the State Bar Court docket at http://apps.statebarcourt.ca.gov/dockets/dockets.aspx and enter the attorney's name to view the docket sheet and confirm. The ADP, according to the California Bar,

addresses the substance abuse and mental health problems of attorneys against whom formal disciplinary proceedings have been initiated in the State Bar Court.The ADP has a close and mutually beneficial relationship with LAP [Laywers' Assistance Program]. The ADP neither duplicates the LAP processes nor usurps the treatment function. The ADP seeks to identify and refer respondents with substance abuse or mental health problems to LAP in order that respondents so afflicted may be treated and rehabilitated. A respondent must be accepted into LAP to be eligible for the ADP.

http://calbar.ca.gov/state/calbar/sbc_generic.jsp?cid=13483&id=23390 So there you have it.

 

[ThoughtElf]

Mr. Macaluso filed a request on 3/24/2009 for referral to the Alternative Discipline Program (ADP) of the California State Bar. This request was granted on the same date. A status conference on the three consolidated charges that was scheduled to be heard yesterday was continued until 4/29. Go to the State Bar Court docket at http://apps.statebarcourt.ca.gov/dockets/dockets.aspx and enter the attorney's name to view the docket sheet and confirm. The ADP, according to the California Bar, http://calbar.ca.gov/state/calbar/sbc_generic.jsp?cid=13483&id=23390 So there you have it.

So, what do we take from this? Did he turn to drugs/booze in his grief? Or did his grief cause a depression? Does this mean he was sick/addicted during the 15 months he left his office without supervision?

Bottom line: is he likely to be off of Casey's defense team?

 

[Searchfortruth]

Mr. Macaluso filed a request on 3/24/2009 for referral to the Alternative Discipline Program (ADP) of the California State Bar. This request was granted on the same date. A status conference on the three consolidated charges that was scheduled to be heard yesterday was continued until 4/29. Go to the State Bar Court docket at http://apps.statebarcourt.ca.gov/dockets/dockets.aspx and enter the attorney's name to view the docket sheet and confirm. The ADP, according to the California Bar, http://calbar.ca.gov/state/calbar/sbc_generic.jsp?cid=13483&id=23390 So there you have it.

Thank you for this latest news. We haven't seen this atty since he followed JB into a deposition where Kathi B. questioned Jose on his legal maneuvering (or lack of). Could this be a ploy to get out of the prior problems he had with finances ?

 

[carrie]

I'm trying my hardest to be fair and not cynical, but I'm starting to think these big time players just want an open forum to try out new trial tactics in a case without a clear defense. It will be very hard to argue ZFG - especially with now TWO different ZFG stories "on the record" (KCs to LE, and Lee's deposition). And how do you introduce an accident theory NOW after yapping about a kidnapper for all these months?

Personally I think these lawyers might be more interested in presenting their "speciality" theories and see how they are received, rather than actually helping KC form a coherent defense. Sad, to me, because everyone deserves a defense in his or her best interest. This is turning into a trade show of the who's-who in criminal defense.

:clap::clap::clap::clap::clap::clap::clap:

 

[amethyst221]

So, what do we take from this? Did he turn to drugs/booze in his grief? Or did his grief cause a depression? Does this mean he was sick/addicted during the 15 months he left his office without supervision?

Bottom line: is he likely to be off of Casey's defense team?

Hard to tell. If you look at the docket, it appears he requested referral to this alternative program. The blurb about it talks about drug and mental health problems, the need for rehabilitation or treatment and protecting the public. It appears his conference to determine whether he will be accepted was delayed until later in April due to a change of counsel representing him. There is also a notation on the docket about a trial date. I suppose it is up to the Bar whether people in this program get to keep practicing law in the interim. If he is not allowed to practice in his home state, even temporarily, then he won't be allowed to practice elsewhere. Do we know the status of his motion in Florida? I suppose it is within the discretion of the Florida court, though.

 

[amethyst221]

Interesting article about the California program from the California State Bar Journal

http://calbar.ca.gov/state/calbar/c..._Prosecutors.html&sCatHtmlTitle=Top Headlines

 

[Searchfortruth]

Interesting article about the California program from the California State Bar Journal

http://calbar.ca.gov/state/calbar/c..._Prosecutors.html&sCatHtmlTitle=Top Headlines

Thank you for that most interesting link ! It does seem like, from the article, that many lawyers charged with misconduct go into the program to get out of trouble. I automatically thought of drugs and alcohol when I thought of the program, but in one of the beginning paragraphs it talks about the addiction of gambling being reason for admittance as well. They, attorney's, should have to show that the misconduct was caused by the addiction, but right now that is not the case.

 

[jcamille]

>>Todd Macaluso, an attorney from San Diego who specializes in plane and car crashes, has joined her defense team.

Well, this is a train wreck, so he should fit righ in! =)

 

[CourtsInSession]

IMO, any type of defense they put on will not fly with a jury because of the duck tape. But they are bound and determined that they are going to prove Casey's innocence. ha!

I bet CA will try and tell them that Caylee couldn't hold her breath swimming, so Casey put duct tape over her mouth of she wouldn't get water in her lungs. Nothing would surprise me at this point!

 

[CourtsInSession]

No it wouldn't. What they will do is have everyone get up there and testify that KC loved Caylee, was a great mom, never showed any aggression toward her, would never hurt her, never saw her hurt her; and then they will either bring in testimony about the pool ladder, or a hot car or whatever, and then at the end of the trial they will ask the judge for jury instructions on accidents and they will argue it to the jury.

The more I think about it the more I am sure that the reason he is on board is to demonstrate it was an accident. After all, what does he, a civil--not criminal-lawyer bring to the table? He is a personal injury attorney. What are PI attorneys really? They are accident attorneys. That's what a personal injury attorney does--represent people hurt in accidents. He will probably use the medical examiner's findings to argue it was an accident as well.

These things are all very true, but don't you think the fact that if it was an accident, that Casey would have reported it? I just can't think of any good reason to hide an accident and bury the child without reporting it.

 

[Searchfortruth]

Just figured out today what he will be used for on this team. He is a "manual and procedures" expert. In fact, he is known for his blistering cross-examination of experts re their own manuals and procedures and more specifically, not following their own manuals and procedures. They will use him for attacking LE and CSI and he will use their own manuals, guidelines and procedures against them. I'm sure of it.

Maybe this ties in with why he accompanied Jose on some of these latest depositions ?

 

[Hell's Belle]

Hard to tell. If you look at the docket, it appears he requested referral to this alternative program. The blurb about it talks about drug and mental health problems, the need for rehabilitation or treatment and protecting the public. It appears his conference to determine whether he will be accepted was delayed until later in April due to a change of counsel representing him. There is also a notation on the docket about a trial date. I suppose it is up to the Bar whether people in this program get to keep practicing law in the interim. If he is not allowed to practice in his home state, even temporarily, then he won't be allowed to practice elsewhere. Do we know the status of his motion in Florida? I suppose it is within the discretion of the Florida court, though.

As I interpret the docket sheet Macaluso was accepted into the ADP by order of 3/24/2009. There was a motion and a status conference listed on that day. The change in counsel on 4/9 occurred after the last continuance on 4/8. To me the continuances are signs of negotiations taking place behind the scenes, or of the court's desire for more data about Macaluso's progress--or lack--in the ADP.

 

[SoCalSleuth]

These things are all very true, but don't you think the fact that if it was an accident, that Casey would have reported it? I just can't think of any good reason to hide an accident and bury the child without reporting it.

I agree with you. However, that's just one factor the defense will need to explain away. It would never be enough to have them not consider accident as a defense.

 

[amethyst221]

As I interpret the docket sheet Macaluso was accepted into the ADP by order of 3/24/2009. There was a motion and a status conference listed on that day. The change in counsel on 4/9 occurred after the last continuance on 4/8. To me the continuances are signs of negotiations taking place behind the scenes, or of the court's desire for more data about Macaluso's progress--or lack--in the ADP.

I read the actual Bar rules about the ADP and the docket entries, and they suggest to me that his request for a referral to the program was granted. The procedure set out says that next a Program Judge has to decide eligibility, a nexus between the wrongdoing and the problem, there have to be factual stipulations entered into, etc. before there is acceptance into the program. It seems as if all that may not yet have happened, but he has just been referred. Just my interpretation.