JBaez requests Ex Parte Hearing with Judge Strickland

[Paintr]

I've been guessing that all along.

Aside: is Macaluso definitely out? Last I read, it was looking that way.

We were wondering that on the proceedures thread. Did anyone check the docket to see if his request came up?

 

[Chezhire]

The idea of adoption is still nagging at the back of my mind. Birth records are sealed. The A's did reside in another state before Florida. Maybe JB is hoping for an evil twin sister to KC.

It's like a lot of posters here at WS have been saying: JBaez has got to come up with a pretty tall tale to, er, get over that which his client has already created, so who knows?!?!?! All I can say is that I'm sure glad Casey's not my client. :doh:

 

[Chezhire]

We were wondering that on the proceedures thread. Did anyone check the docket to see if his request came up?

Last I checked yesterday around 4:30ish it wasn't up on the court's online system, course we know there's a paper to online delay, so...where's Muzikman? :crazy:

 

[Chezhire]

:bang:

Neither! It was in the studio with the turpentine. :sothere:

:bang:

 

[RR0004]

Don't think so. I just think AH is doing the right thing and both protecting herself as well as having an advisor for the Depo, on when/how to answer the Defense questions. If I was AH I'd seek an attorney.

Now, here's one person I wouldn't mind having a pro bono attorney. This poor girl was unwittingly dragged into this nightmare. To add insult to injury, she now has to fork over money to pay for an attorney?! Casey is the like the gift that keeps on giving...in a backwards sort of way.

 

[Paintr]

It's like a lot of posters here at WS have been saying: JBaez has got to come up with a pretty tall tale to, er, get over that which his client has already created, so who knows?!?!?! All I can say is that I'm sure glad Casey's not my client. :doh:

I know it's way out there but could KC be adopted? Even if she was I don't see how that would help her case.

Naw! Guess I'll have to stick to mental health records. But I am NOT betting on that. :crazy:

 

[Chezhire]

I know it's way out there but could KC be adopted? Even if she was I don't see how that would help her case.

Naw! Guess I'll have to stick to mental health records. But I am NOT betting on that. :crazy:

Anything's possible. Like a lot of other WSers, I've been wondering whether this is about trying to pin this on a 3rd party. Maybe via paternity, etc., they'll try to argue that Caylee's father was making threats, etc., and finally made good upon them, etc. I don't know - I can poke holes through my own theory pretty easily, so it will be interesting, to say the least. Actually makes me wish I were in FL so I could go watch the trial live and have some opcorn:

 

[Friday]

With an ex-parte hearing (in chambers and without the public but a court reporter may be present if requested) the one requesting the ex-parte hearing must give oral notice to the other side, generally at least 24 hours or before 10:00 a.m. the day before the hearing. The exact amount of notice is in state law or local court rules. Therefore, he cannot meet without the prosecution. If he does it could result in disqualification of the Judge and Judge Strickland isn't going to allow that to happen.

There are at least two possible things he might not be able to get through the normal discovery process: (1) an order that Orange County fund the experts and testing of evidence for a private attorney defense counsel, and (2) confidential and privileged information that cannot be obtained through his own client signing a consent form -- such as mental health records of another person -- like possibly CA's counselor who told her to seek custody and throw KC out of the house.

Themis, could you please explain Possibility #1? (I'm reading this thread in order, so if you've already explained, disregard this request--I'll see your reply soon. TIA

 

[JSR]

Wonder if she even knows about this recent gaffe?
She's counsel pro hac vice, so she's probably not be checking the filings herself...

I bet she knows now, :biglaugh:.

If I were her I would insist on reviewing future filings. In the end her reputation will be damaged if she doesn't. Although we have several cases with local counsel and/or co-counsel we always give all captioned attorneys a chance to review and submit their input before filing. I'm surprised he doesn't realize that the more eyes and minds to review filings the better. Even if you're lead counsel it doesn't mean you need to let your ego interfere with utilizing your resources to your benefit.

 

[LancelotLink]

Baez has had to refile a couple of motions because he used the original case number. I can't believe he's still making that mistake.

That's...that's dopey!

 

[bananarama]

Just speculating here, maybe he wants to obtain medical records of a family member, possibly to show mental defect on this 'other party' and create the reasonable doubt that the other party 'could' be the perp or the cause of KC's lapse in sanity.
Whatever it is, JB's poorly worded documentation and nonsensical filings must be the cause of much hilarity in the legal community.

I'm with you here. I am also speculating "multiple personality disorder". That is why he continues to say that CASEY is innocent. It wasn't CASEY, it was her alter-ego. Yeah, he (and I) have watched too many soap operas!

 

[Friday]

I agree it is not likely to be alibi or insanity. Could be Mom's or Dad's. He might be trying to show that KC is not a sociopath and needs money for those examinations.

Personally, I don't think he knows what his defense is going to be. I think he originally decided on one, but has had to change his mind (several times?) as new evidence is revealed and/or the better attorneys on his team suggest. Right now, I think he's keeping his options open and looking around for the best one.

I am probably totally wrong, of course, because I'm deviousness-impaired. LOL

 

[bananarama]

Wow, I was reading along thinking, "OMG, this theory could work for the defense!" And then I thought of a comforting conflict with this tale--Casey was texting/talking to CA during this period and claiming Caylee was with her and Zenaida throughout it. If there's any records of even 1 text from Casey re that, then this theory won't fly.

Also, it's a little late for Casey to claim she thought Cindy had Caylee after she's already claimed two different locations where Zenaida allegedly kidnapped her. And Lee testified to that to LE and JM.

Not only that, but we come back around to decomposition in her car.

 

[Macushla]

A simple detail that the defense will hope that the jury won't believe. Most people find it hard to believe that a family doesn't notice a pregnancy.

But I thought of another theory....

JB says he will explain why KC didn't look for Caylee. Why wouldn't she look for her missing daughter? Because she thought CA had found Caylee and taken her home with her! Because she thought CA had wanted to make her worry about Caylee.

How about KC left Caylee in her car while she ran in somewhere for a few minutes. When she returned to the car Caylee was gone and she thought she saw CA's vehicle turning the corner. She tried to call CA and got no answer. She looked at CA's myspace and saw the entry about her missing Caylee and that made her mad. She figured CA saw Caylee in the car, figured she would be in trouble for leaving her in the car, figured CA wanted to make KC worry, she thought Caylee was in safe hands with her mother, so she partied. She thought that Caylee was with her mother and she was in trouble, she was already mad so she didn't know Caylee was missing until her mother called police. She thought CA was bluffing. Now she wonders if CA may have harmed Caylee. After all, CA allegedly slapped KC. The expartee may be an attempt to obtain the psych records on CA.

I am almost sorry you posted this - it is actually a theory that might, just might make sense to a jury! Would hate to see one of JB's interns take this post to him and say "Hey, how about this". You have managed to come up with an alternative theory that takes into account not reporting Caylee missing, continuing to live the high life, not seeming concerned, etc. etc. Her excuse for the Zanny story when questioned by police - she still thought CA was hiding Caylee and didn't want to get her Mom in trouble. Out of all the possible defenses I have read so far at this forum - this one is the first one that makes me go 'oh no - this could possibily work'.

I am sure there are a lot of 'wrinkles' to iron out with this one, but it is a viable theory. So glad you are NOT a member of JB's team - you are good at this sort of thing

 

[MAMABEAR]

Nah!!! That ain't gonna wash. Watch these W/Ser punch all kinds of holes in this one. Man, I love it here.

 

[dax]

The ruling was procedural so he can bring the same substantive motion again.

Go with lean beef, it's better for your health. If he ever gets the procedure right, it will depend on the substance of his motion and that we don't know. He probably doesn't know.

Themis, I SO enjoy your posts....along with all the other legal wizards here!

Question: Do you thing it is possible that JB is looking to get the charges against KC DISMISSED based on something he THINKS he can discover pertaining to the SA team? I am of the mind that this recent motion may have something to do with the the video/videos at the jail.

 

[Friptzap]

Maybe he wants access to the suicide letter???

 

[Friday]

The trial has not yet begun, so we haven't yet started that song and dance. TES did say they searched and cleared the area where Caylee's body was found.

Oh no, Themis, not you, too! :floorlaugh: CA said that. NG said that. Her counterparts have said that. BC and JB may have said that. BUT Tim Miller did not say that. He said, instead, that the site was under so much water that TES sank an ATV there, and he then called off the search for fear of damaging remains they couldn't see under the water.

 

[RevCrim]

I'm with you here. I am also speculating "multiple personality disorder". That is why he continues to say that CASEY is innocent. It wasn't CASEY, it was her alter-ego. Yeah, he (and I) have watched too many soap operas!

OMG lol So, which would serve time. KC or her altered ego. Does KC think this defense will allow her to get out of jail and party once again, while her altered ego serves her sentence>: :crazy: Sorry !
Getting slap happy here!!!:woohoo::woohoo::woohoo:

 

[MAMABEAR]

Maybe he wants access to the suicide letter???

If he wanted that then why wouldn't he have spoken when it went thru the court or does he have to do that separately?