Legal Questions for Our VERIFIED Lawyers #2

[Numbers]

I used to think he would have problems with the Bar about this issue. But it's been a really, really long time since this first came out and no one seems to care.... Rhornsby dropped by one day and said he thought it was fine to pass notes. But it is against not only the jail rules but an actual criminal statute, so I respectfully disagree.



This is a tough one (for HHJP). He doesn't want to create appellate issues, but he doesn't want to go back on his word either. I think he'll probably address each expert separately and may issue different rulings depending on the specific reasons for the failure to obtain reports from each of them.

Yes, Baez is taking a huge risk. The "battle of the experts" is his client's best defense--get the focus off KC's lies and onto the any little imperfections in the forensic evidence. He needs these people, and he waited too long to really pay attention to getting their testimony lined up.

Thank you, AZ. I'll hold out the faint hope that when the bigger, shinier charges are brought, someone will slip this one in, too.

 

[AZlawyer]

Thank you, AZ. I'll hold out the faint hope that when the bigger, shinier charges are brought, someone will slip this one in, too.

Is there a bigger charge than 1st degree murder?

 

[john's mom]

Is there a bigger charge than 1st degree murder?

I think she means the big shiny charges against JB!!:great:

 

[Just Jayla]

If it can be shown that JB knew where Caylee's body was (by way of the LB stuff), can ZG theoretically bring a suit against him? Even though his client would have given him this info in privilege, are his actions enough to suggest that he published a lie by appearing before Judge R. in furtherance of the civil suit?
Of course I know anyone can bring suit upon a sworn affidavit, and it is not probable that it will happen, but would ZG have standing?
For that matter, what about JG, who JB called a suspect in open court? Is this slander?
I understand the function of a defense attorney, but I also understand that a defense attorney should not lie to assist his client. While he may not be prosecuted for it (was Westerfield's lawyer ever prosecuted?), is it enough for a civil case?

 

[AZlawyer]

If it can be shown that JB knew where Caylee's body was (by way of the LB stuff), can ZG theoretically bring a suit against him? Even though his client would have given him this info in privilege, are his actions enough to suggest that he published a lie by appearing before Judge R. in furtherance of the civil suit?
Of course I know anyone can bring suit upon a sworn affidavit, and it is not probable that it will happen, but would ZG have standing?
For that matter, what about JG, who JB called a suspect in open court? Is this slander?
I understand the function of a defense attorney, but I also understand that a defense attorney should not lie to assist his client. While he may not be prosecuted for it (was Westerfield's lawyer ever prosecuted?), is it enough for a civil case?

Are you sure he made an appearance in the civil suit? And, if so, did he say anything at that time about ZG killing or kidnapping Caylee? In any event, lawyers can't be sued for defamation (I assume that's what we're talking about) for things they say in the courtroom relating to the case, so I guess those are rhetorical questions actually.

If he said in public that THIS particular ZG killed or kidnapped Caylee, knowing it was false, that might be another story. But didn't he just say that he believed his client? That was probably true and probably not actionable even if false. And did he ever say anything about ZG after the body was found? And never anything about this particular ZG, right? I think he's totally safe.

To answer your standing question, ZG would have standing to bring a defamation suit vs. JB (i.e., she would be claiming that she personally suffered harm), but she would lose quickly for the reasons mentioned above.

Re: JG being called a suspect in court, that is the kind of in-the-courtroom non-defamation I described in the first paragraph. Also, JG was a suspect in many people's minds (not mine!), so this was not a false statement and therefore IMO not slander even if JB had said it on Good Morning America.

 

[Just Jayla]

Are you sure he made an appearance in the civil suit? And, if so, did he say anything at that time about ZG killing or kidnapping Caylee? In any event, lawyers can't be sued for defamation (I assume that's what we're talking about) for things they say in the courtroom relating to the case, so I guess those are rhetorical questions actually.

If he said in public that THIS particular ZG killed or kidnapped Caylee, knowing it was false, that might be another story. But didn't he just say that he believed his client? That was probably true and probably not actionable even if false. And did he ever say anything about ZG after the body was found? And never anything about this particular ZG, right? I think he's totally safe.

To answer your standing question, ZG would have standing to bring a defamation suit vs. JB (i.e., she would be claiming that she personally suffered harm), but she would lose quickly for the reasons mentioned above.

Re: JG being called a suspect in court, that is the kind of in-the-courtroom non-defamation I described in the first paragraph. Also, JG was a suspect in many people's minds (not mine!), so this was not a false statement and therefore IMO not slander even if JB had said it on Good Morning America.

Thanks! He did make an appearance, I will have to go back to the hearing to find out why-But, I do not think he ever published anything about this ZG, either.
Pooty, I was hopeful that at least there was a threat over his head (not that he would care), or that by calling JG a suspect when/if he knew the body was at Suburban via KC, he would be culpable

ETA: JB appears at the hearing on 01/08/2009, he is there to "clarify his role and position"-But Judge R. tells him that he can only respond to the question of whether depositions can be allowed, he does not want JB addressing anything other than that-Mr. Mitnik objects to JB even being there as he did not file a notice of appearance.
Basically, the judge tells JB he has to sit down and shut up...But, through Mr. Garcia, JB tells the court that KC is invoking the 5th.
Mr. Mitnik cites a 5th district supreme court case stating that KC cannot take the 5th-Of course, we know what silly Judge R. did...
Oddly, the judge also tells the audience that there is to be "no expression"....was CA there? 'Cause she loves to "express" herself in the audience.

 

[sumbunny]

What does a Request for Certificate of Materiality mean?

TIA

 

[AZlawyer]

What does a Request for Certificate of Materiality mean?

TIA

Step one in getting a subpoena served on someone out of state.

 

[RedSox Mom]

It is looking more and more like Baez was aware that he really was on a "fake" fishing trip. If it was found that he was wrong/wasteful/guilty/unethical in spending the taxpayers money on the investigation of this while intentionally misleading the court/HHBP, would he possibly be required to reimburse the JAC, or other entity?

 

[AZlawyer]

It is looking more and more like Baez was aware that he really was on a "fake" fishing trip. If it was found that he was wrong/wasteful/guilty/unethical in spending the taxpayers money on the investigation of this while intentionally misleading the court/HHBP, would he possibly be required to reimburse the JAC, or other entity?

Yes, but that would be the least of his problems.

 

[Aedrys]

Hey, this new bar complaint, could it have been an old one and just revealed now? Or is it really a new one? What do you guys think of this new complaint so far? Is it going to mean anything, especially since it's the fourth one against him? Even if they find no probable cause, wouldn't they still have to take in consideration that this is fourth one against him? Or do they just find no probable cause and throw it out, not taking count of how many complaints he's had?

Oh, and two more questions. Could filing a complaint be a way to see if a case can be brought against Baez? So if the Bar says there's no probably cause, would that, in turn, help decide if a criminal case can be brought by LE?

 

[ZsaZsa]

When the Bar receives a complaint about an Attorney at what point does the information become public? Only once the complaint has been substantiated ?
If someone like Baez who is unscrupulous and unethical has had numerous complaints but just manages to edge his way around the Fla Bar rules is there any way a member of the Public can get this information when looking for a Lawyer or is the public kept in the dark ?

 

[ThinkTank]

When the Bar receives a complaint about an Attorney at what point does the information become public? Only once the complaint has been substantiated ?
If someone like Baez who is unscrupulous and unethical has had numerous complaints but just manages to edge his way around the Fla Bar rules is there any way a member of the Public can get this information when looking for a Lawyer or is the public kept in the dark ?

After the Bar makes a ruling on the complaint - the file is available to anyone who asks for it, for one year - then the file is deleted.
Anyone can ask for copies of previous Bar complaints against any attorney, which has been closed and is not older than one year.

"The computer record will be purged and the file destroyed one year from the date of closing".

Pursuant to Rule 3-7.1(a) Rules of Discipline
Complaint becomes public record, accessible to the public, upon the closure of the case by Bar counsel or upon a finding of no probable cause, minor misconduct, or recommendation of diversion. Disclosure during the pendency of an investigation (while it is open and ongoing) may be made only as to status if a specific inquiry concerning a case is made and if this matter is generally known to be in the public domain.

 

[AZlawyer]

Hey, this new bar complaint, could it have been an old one and just revealed now? Or is it really a new one? What do you guys think of this new complaint so far? Is it going to mean anything, especially since it's the fourth one against him? Even if they find no probable cause, wouldn't they still have to take in consideration that this is fourth one against him? Or do they just find no probable cause and throw it out, not taking count of how many complaints he's had?

Oh, and two more questions. Could filing a complaint be a way to see if a case can be brought against Baez? So if the Bar says there's no probably cause, would that, in turn, help decide if a criminal case can be brought by LE?

I think the Bar confirmed it was a new complaint. I don't have any opinion of it at all yet, since I haven't seen it.

But if there's no probable cause, they certainly won't proceed just because of PAST complaints that they decided ALSO had no probable cause.

I'm not sure what you're asking about the criminal case. The Bar's decision would have nothing to do with whether or not a criminal case can be brought.

 

[AlwaysShocked]

Mr. Hornsby! Mr. Hornsby! Are you out there?

Your opinions, please, after having listened to the recently released interviews of Brad Conway and Kim Sims?

What would you have done had you been put into the position Mr. Conway was put in court that day when Baez spoke mistruths? Do you agree with the position taken by Mr. Sims and his attorney that any and all questions regarding the illicictly recorded conversation were off-limits?

Oh, and of course, any opinions you would care to express on the latest Baez bar complaint would be avidly appreciated.

Do you think there will be a trial in May or do you still think Casey will plead out ?

Just askin'. Thanks in advance for your reply.

 

[Ms.Curious]

If the check JB delivered to the State for payment of sanctions - bounced - would (or should) that trigger a bar complaint? TIA

 

[LolaMoon08]

:floorlaugh:

Probably not, but it would be funny as hell.

:floorlaugh:

If Casey comes out with some whopper accusations against JB after she is convicted, could she sue JB to get her money back?

 

[AZlawyer]

If the check JB delivered to the State for payment of sanctions - bounced - would (or should) that trigger a bar complaint? TIA

Oh my. Yes. But one can only hope he would have known better. :innocent:

:floorlaugh::floorlaugh:

If Casey comes out with some whopper accusations against JB after she is convicted, could she sue JB to get her money back?

You mean the money she got for selling Caylee's pictures? What kind of accusations were you thinking of? I need more details to answer this one.

 

[Paintr]

AZ could you please explain to me just what the word 'aggravated' adds to a charge. For example, why is aggravated child abuse more serious than just child abuse? aggravated manslaughter more serious than manslaughter?

I know what aggravated means in everyday language, but just what does it mean when used in a legal sense?

Thank you kindly for all your help!

 

[Macushla]

I have a question about 'tampering'. There is tampering with a witness, tampering with evidence. Is there such a thing as tampering with a case - or would that be covered under evidence? If JB let LB make her statements and he knew that she was lying or at the least unreliable, is that tampering with evidence?

Do our legal analysts have an opinion as to what tampering OCSO is investigating? Witnesses or evidence or both at this point?