Nejame Files Motion to Strike for TES/Baez 7/16/09 Motion

[Bobbisangel]

So Ms. Lyons ('cause I know this isn't JB's handy-work) is looking at the timing of the arrival of the body....She writes in KC's motion:

'....information...directly pertains to the timing and arrival of the remains of Caylee Marie Anthony at the site where they were discovered.'

Seems to me the defense attorney should be asking Casey about the timing and when Caylee was placed at the crime scene! I wonder how she expects Tim to know the answer to those questions. All he can testify to is when he was there and what happened. Tim has already explained why they couldn't search for Caylee...flooded. Then there was Cindy who caused such a fuss and only wanted Tim and Co to look for a live Caylee. I think Tim will be able to take care of himself on the witness stand.

 

[Macushla]

You know I hate to say I would let it affect my decision to go on future searches, but I just don't know. I am worried it would decrease participation in future searches depending on how much personal information is released and what is done with that info.

I wouldn't let it stop me at all. I did participate in the Caylee search on two occasions and if Mr. Baez wants my info - he is welcome to it. I have nothing to hide - unlike the Casey and the rest of the A's. I would be more than happy to have Mr. Baez depose me, just so I could tell him what I think about him and his client!

 

[LiveLaughLuv]

http://www.4shared.com/file/83153432/60d4ea55/RequestStrikeResponseApplicationAnthonyCasey.html

Motion docs objecting to Baez motion to TES

That link is not working..:crazy:

 

[Gma Kat]

Sorry if this has been addressed, too tired to read entire thread, but I recall a video soundbite of Tim Miller stating that the area in question had already been searched - period. I know how some of these cable news shows love to mess with soundbites, etc., but some other WS'ers saw the same thing. Does anyone recall if in fact Tim was asked directly about where Caylee was found or if that soundbite was truly used out of context? In the video clip Tim is a little cranky and defensive, so unlike him, so I assumed it was manipulated footage from something else, but this is just my opinion. The reason I ask is because I wonder if the defense saw this same footage and are running with the idea that they have TES stating that the area had already been searched. What the defense is trying to accomplish is despicable.

 

[Gma Kat]

I finally caught up on the thread and read the most recent motion. I really don't see a problem with what they are asking for. It is pretty routine in a case like this and TES has nothing to hide. The records requested could benefit the State's case also. I can definately see that such a request would be burdensome to TES to produce, but that is just part and parcel of doing business of any kind. I view this as just another straw they have to grasp to fully defend their client. Let the State give her a fair trial so that she can be convicted without grounds for an appeal, and if that means give the defense what they are asking for so be it.

 

[Truthwillsetufree]

I wouldn't let it stop me at all. I did participate in the Caylee search on two occasions and if Mr. Baez wants my info - he is welcome to it. I have nothing to hide - unlike the Casey and the rest of the A's. I would be more than happy to have Mr. Baez depose me, just so I could tell him what I think about him and his client!

I have a list of things too, would you mind saying those as well?

 

[Truthwillsetufree]

Sorry if this has been addressed, too tired to read entire thread, but I recall a video soundbite of Tim Miller stating that the area in question had already been searched - period. I know how some of these cable news shows love to mess with soundbites, etc., but some other WS'ers saw the same thing. Does anyone recall if in fact Tim was asked directly about where Caylee was found or if that soundbite was truly used out of context? In the video clip Tim is a little cranky and defensive, so unlike him, so I assumed it was manipulated footage from something else, but this is just my opinion. The reason I ask is because I wonder if the defense saw this same footage and are running with the idea that they have TES stating that the area had already been searched. What the defense is trying to accomplish is despicable.

IIRC TES had been in the area, and it was flooded, they could not do a ground search on foot due to high water. Caylee was under that water. I mean how stupid is the defense. TM gets on the stand and states exactly that.
The baby was probably decomposing under 3 feet of water ladies and gentlemen, in as much as I would have loved to have found her and brought her home, her Mother threw her into a low lying flood plane that did in fact flood and no one could get to her until it dried out. Is that what the defense wants to play out on the stand under oath?

 

[magic-cat]

IMHO Nejame should not handle this case because he was counsel for the parents.

Tim's assertion that there is not proof that he searched in that area is wrong, he himself said he searched that area.

The statement that Baez had requested tip info then not picked it up is pretty poor. It is true that Baez requested that info, but Law Enforcement made up a disk with primarily psychis tips which caused a financial hardship on this defendent in my opinion. The family would have had to pay over $900 for the worthless psychic tips before having another disk made up of legitimate tips resulting in another $900 for a second disk.

Why so many games by LE? You would think that they would not want to do anything to mess up their case and cause any reason for a mistrial or an appeal! This "game" by the prosecution needs to stop!

It is very important to establish if any searcher had looked in that area to establish if the bag was there when they searched.

Why do you all want people to withold evidence or make it difficult to find out the truth? It is only your opinion whether or not Casey knew that body was there.

If it was seen but wasn't looked in, then so be it. At least it would prove it was there! I am sure there were bags people did not look in or see on the searches for one reason or another. You ALL should want to find out the truth!

Do you want the jury to have a doubt that the bag was there because Tim is mad and doesn't want to aid in the defense at all? If that comes out during the trial it will only help Casey. IMHO this is a game that may backfire on the prosecution.

Think about it!

Actually the tips that were put together were ALL of the tips they made no distinctions. The psychic tips came in on the same line as all the other tips and it was not the responsibility of the prosecution to wade through all of the tips on behalf of the defense. They did what was asked of them-they gave them the tips and did not distinguish which is as it should be.

As for the search of that area, it has been clearly stated by TexasEqquasearch that they lost a four wheeler in that area and had to replace it because the area was underwater and could not be searched without potentially burying Caylees bones in the mud if she did happen to be there. This motion by the defense demanding every piece of paper concerning these searches is just a fishing expedition in a lake that has gone dry-Caylee WAS there and they did not find her due to the conditions of the area. Baez needs to move on to something else as this is a mute point.

 

[cecybeans]

I remember that the Judge and MN complained about the lack of specificity in his motion the last time. I guess, since he wasn't outright denied, he gets the chance to file another motion on this issue. If someone else remembers differently, please share...I'm not 100% positive that this is right...but, it is what I thought happened.

I think we had also speculated that one of the original reasons JB wanted to get his hands on TES records is that Hoover had signed up as a search volunteer and begged the people he registered with not to mention he signed up or he would "lose his job" (which is interesting, since he has insisted he was a volunteer to "help" with security, and it doesn't look like either he or DC was actually paid by anyone they "contracted" with.

So there might be more than one reason, other than simply a "fishing expedition" (though that is perfectly reasonable given these people and their tactics).

Sure hope this one is also denied. The Sunshine Law is becoming covered with Clouds.

 

[magic-cat]

I finally caught up on the thread and read the most recent motion. I really don't see a problem with what they are asking for. It is pretty routine in a case like this and TES has nothing to hide. The records requested could benefit the State's case also. I can definately see that such a request would be burdensome to TES to produce, but that is just part and parcel of doing business of any kind. I view this as just another straw they have to grasp to fully defend their client. Let the State give her a fair trial so that she can be convicted without grounds for an appeal, and if that means give the defense what they are asking for so be it.

The only thing is that Tim is not "doing business" he is searching for peoples missing loved ones and collecting donations to do so. His business is completely volunteer and not for profit either. What Baez is asking for is akin to asking the Salvation Army to hand over all their paperwork for all their volunteer work that they do. It would not only be burdensome for them, it would be ludicrous to ask for that, and is just as ludicrous for Baez to ask for the broad range of documents that he has asked for in this case. He needs to narrow it way down to specifics of what he wants to see and then maybe he can get somewhere with it.

 

[The Eunice Burns]

Friday is a user who posts here, and she works for Tim Miller at Texas Equisearch.

Thank you, Tuffy!

 

[sharpar]

I searched and am a member of TES and I am not even concerned one little bit over this distraction.

Having your personal information available to grifters and crimminals
should be a major concern . TES protects your information I have
no such faith in DEFENSE.

 

[The Eunice Burns]

Thanks to all for explaining who Friday is. I haven't read all the old/original threads, so I am not up to speed on who has been here at WS.

 

[ExpectingUnicorns]

I may well be wrong but I don't think TES has a paper trail to indicate which volunteers worked in which area. The volunteers' forms were compared to their identification, signed and collected at a central table. Then they were instructed to stand in groups in designated areas. The Team Leaders were told to go to a group and take them to the areas that had been assigned to them (the Team Leaders). I doubt that many, if any, of the Team Leaders remember the names of the people in their group. There was no paperwork created to indicate which group anyone was assigned to.

I'm not criticizing this ~ I'm just trying to explain that I don't think the paper trail that the defense team is hoping for even exists. I don't think there is any way (other than the volunteers coming forward) to identify who searched where except the Team Leaders.

This motion, if granted, seems like it would only bring frustration and grief to all parties involved and advantage to none. :cow:

 

[doogiesgirl]

I may well be wrong but I don't think TES has a paper trail to indicate which volunteers worked in which area. The volunteers' forms were compared to their identification, signed and collected at a central table. Then they were instructed to stand in groups in designated areas. The Team Leaders were told to go to a group and take them to the areas that had been assigned to them (the Team Leaders). I doubt that many, if any, of the Team Leaders remember the names of the people in their group. There was no paperwork created to indicate which group anyone was assigned to.

I'm not criticizing this ~ I'm just trying to explain that I don't think the paper trail that the defense team is hoping for even exists. I don't think there is any way (other than the volunteers coming forward) to identify who searched where except the Team Leaders.

This motion, if granted, seems like it would only bring frustration and grief to all parties involved and advantage to none. :cow:

God help JB if this ridiculous motion is granted and he ever has a family member come up missing. He'll find himself very lonely on his search.

But anyway why doesn't JB just ask TES if their records show that JG, RM, AH, ZG or anyone else they've accused was part of any search team? I mean thats what they are looking for, we all know it, just someone, anyone to cast suspicion on. Please, he is soo transparent. And desperate. JMO

 

[Angel Who Cares]

Here are all of the motions filed by Baez that are the subject of this thread for your reference! They were just released a few minutes ago!

TIM MILLER: Motion
http://www.wftv.com/pdf/20090064/detail.html

TIM MILLER: Materiality
http://www.wftv.com/pdf/20090071/detail.html

TIM MILLER: Appendices
http://www.wftv.com/pdf/20090246/detail.html

TIM MILLER: Memorandum
http://www.wftv.com/pdf/20090308/detail.html

:angel:

 

[Leila]

IIRC TES had been in the area, and it was flooded, they could not do a ground search on foot due to high water. Caylee was under that water. I mean how stupid is the defense. TM gets on the stand and states exactly that.
The baby was probably decomposing under 3 feet of water ladies and gentlemen, in as much as I would have loved to have found her and brought her home, her Mother threw her into a low lying flood plane that did in fact flood and no one could get to her until it dried out. Is that what the defense wants to play out on the stand under oath?

On the day that Caylee's remains were found, Tim Miller was at the scene and stated publicly that at the time of the first search by TES the area where Caylee's remains were found was under water. At the time of the second search by TES there was still a lot of water there, but they tried to search. After almost losing an ATV they abandoned searching that area.

I also remember an interview with some residents who live nearby and they said the place where Caylee's remains were found was under water until about two or three weeks before Caylee was found. Looking at a calendar for 2008, the area where Caylee was found wasn't without water until just before Thanksgiving.

IMO, the defense is desperate.

 

[chesterp]

Having your personal information available to grifters and crimminals
should be a major concern . TES protects your information I have
no such faith in DEFENSE.

I feel Tim, Nejames will handle this in a proper manner. If my info was given out, which I doubt because it is irrevalent, it would not make me not want to be apart of TES. I have nothing but respect and admiration for TES....so if I were to worry over this matter....it would be a waste of my time.

Tim Miller depends on volunteers to assist his charitable organization...so all I am saying is, it would not distract me from being a a member..... This is a distraction tactic.... and if by chance my info happened to be released to grifters or criminal.... I think NeJames would protect me, surely I could find someone to sue the pants off, since he is the attorney for TES and I am a TES member.

 

[chesterp]

IMHO Nejame should not handle this case because he was counsel for the parents.

Tim's assertion that there is not proof that he searched in that area is wrong, he himself said he searched that area.

The statement that Baez had requested tip info then not picked it up is pretty poor. It is true that Baez requested that info, but Law Enforcement made up a disk with primarily psychis tips which caused a financial hardship on this defendent in my opinion. The family would have had to pay over $900 for the worthless psychic tips before having another disk made up of legitimate tips resulting in another $900 for a second disk.

Why so many games by LE? You would think that they would not want to do anything to mess up their case and cause any reason for a mistrial or an appeal! This "game" by the prosecution needs to stop!

He was a PR person for the A's, not their atty, if I remember correctly.

 

[MissJames]

Here are all of the motions filed by Baez that are the subject of this thread for your reference! They were just released a few minutes ago!

TIM MILLER: Motion
http://www.wftv.com/pdf/20090064/detail.html

TIM MILLER: Materiality
http://www.wftv.com/pdf/20090071/detail.html

TIM MILLER: Appendices
http://www.wftv.com/pdf/20090246/detail.html

TIM MILLER: Memorandum
http://www.wftv.com/pdf/20090308/detail.html

:angel:

Thanks Angel!
What I'm taking away from this is that JB is still exploring SODDI .Trying to put doubt on Caylee being there since June.