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

[magic-cat]

:innocent:

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.

Just a note: The ATV was lost/sunken/destroyed to the point that TES had to replace it to the owner.

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

He was their attorney as well.. Recall he acted as their attorney when George testified in front of the grand jury.

Ok, in part three one of the ladies commented that TES did search that area!

They did search IN that area but they did not search specifically that exact spot where she was found because that particular exact location was underwater and then was deep mud.

 

[Brini]

Try this one: Websleuths Crime Sleuthing Community - View Single Post - TODAY'S CURRENT NEWS - January 29, 2009. **NO DISCUSSIONS HERE PLEASE **

Patty, Can I join YOUR fan club, too?

Don't ever leave w/s. I haven't the foggiest idea what we'd do without you. :clap::clap::clap::clap::clap::clap::gold_crown:

 

[Patty G]

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

NeJame resigns as Anthony family attorney - Thursday, 20 Nov 2008

http://www.myfoxorlando.com/dpp/news/NeJame_resigns_as_Anthony_family_attorney

 

[cecybeans]

NeJame resigns as Anthony family attorney - Thursday, 20 Nov 2008

http://www.myfoxorlando.com/dpp/news/NeJame_resigns_as_Anthony_family_attorney

I remember seeing the interview on the day he was hired; I thought it was odd at the time that the Anthonys had hired a criminal defense attorney to represent and manage their "media interests" - certainly some Michelle Bart type or a less qualified attorney could have done that.

But what was most interesting to me at the time was that the $5K which was used to hire him came from the dubious NLHF (how they as a non-profit justified using donations to hire a criminal attorney for the family of a daughter accused of a missing child and check fraud/forgery charges seemed a little odd).

My faith in Nejames was restored when he terminated his association with the Anthonys shortly after that busy week in which TES came to search but backed off after two days, LP pulled his infamous stunt with the divers and held the memorial service at JBP, the Garrison email about the hairbrush surfaced and that very next weekend the meet-and-greet at the mall with KFN coincided with DC and JH filming the wooded area with their search as well as that false "Caylee sighting" which took place at the mall. I believe it was the very next week that Nejames quit Nov 20). Odd, odder and odderer, imo.

 

[doogiesgirl]

Because JB is trying to use the "spaghetti defense."

Keep throwing anything and everything against the wall and hope something sticks.

Problem is, spaghetti only sticks if it's al dente.

None of JB's noodles are properly prepared. Nor are they made with quality ingredients. They're just flour and water.

Ah yes....ole JB, the soon to be infamous spaghetti thrower!:crazy:

 

[LCoastMom]

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.

The day Caylee's remains were found (IIRC) Tim signed himself out of a hospital down south, to hotfoot it back to Orlando. I thought he stated they were searching the area very close to where Caylee's remains were eventually found. He called off the search after they lost a brand new 4 Wheeler, that had been loaned to them by a local. He said he hated calling off the search and he knew a lot of people were upset by his decision, but that finding Caylee's remains in the condition they were in supported his original call. If a horse had been able to wade through the water there, chances are very good the remains would have been pushed down into the soft mud. It was possible they could have been lost forever or, at the very least further damaged and evidence would have been destroyed.

The fact that a vehicle the size of a 4 Wheeler could be lost, completely submerged just a few yards from where Caylee's remains were found weeks later further supports the grounds that Caylee could in fact be there, but be completely hidden to searchers.

:innocent:

Just a note: The ATV was lost/sunken/destroyed to the point that TES had to replace it to the owner.

They did search IN that area but they did not search specifically that exact spot where she was found because that particular exact location was underwater and then was deep mud.

The loss of the 4 Wheeler added another 10G to the cost of searching for this sweet angel who's mother knew where she was all along.

I'm so glad that Tim didn't let the fact that KC knew where sweet Caylee was stop him from conducting searches. He later said in all his years searching, this one was literally one in a thousand and he hopes he has a thousand more before going through anything like this again!

Tim is truly an angel on earth to anyone who has lost a loved one.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~​

 

[milliac]

...And the taxpayers get to ultimately pay to pick up the fallen spaghetti...This may not play well if it can be slyly incorporated by the state-The defense and the defendant have wasted the court's and THE PEOPLE'S time and money.

That is very frustrating and sad.

 

[believe09]

I'm not sure I understand your post as my post is not relevant to the Defense of KC but to the contrary, THE PRosecution of KC. I think the defense are playing a wild and wreckless game with TM as this man and his work will defend itself. TM has stated on many occasion, if there is an instance where horses or atvs could cause more harm, as in this specific scenario, they back off, they wait and then return when conditions are right and the safety of volunteers are not in question.

my mistake-I took your post literally in that I thought you were mocking TM...my bad.

 

[Tracey276]

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!

Respectfully bolded by me.

I totally disagree with this argument on a couple of points. One, it is NOT the state's job or the circuit clerk's job, to determine what tips are actually relevant or important to give to the defense. They need to give the defense exactly what they have. And secondly, can you imagine if there had been ONE single tip from someone, anyone, psychic or not, that was in the exact area Caylee was found and the state had NOT given that to the defense? OMG, JB would have been doing back flips into court and demanding to know why the state is withholding discovery. He cannot have it both ways.

MN is correct. He should be paid FIRST before giving anything to JB. Maybe the state has some arrangement that payment can come later. However, MN is a private attorney in private practice and deserves to get paid for the documents before handing them over, just like anything else you purchase. I also, think MN has some inside knowledge that there is some monkey business as to where the funds are coming from and has a right to know that when he does get paid, it is from legitimate sources.

I don't think the state is "playing games" at all. I think they are experienced prosecutors and unfortunately they are holding JB to work for his client. They have no obligation whatsoever to hand JB anything or do any part of his job for him. IMO, Baez shows his inexperience over and over. So, yes, I think the state may use that to their advantage, as any opponent would.

 

[MissJames]

I remember seeing the interview on the day he was hired; I thought it was odd at the time that the Anthonys had hired a criminal defense attorney to represent and manage their "media interests" - certainly some Michelle Bart type or a less qualified attorney could have done that.

But what was most interesting to me at the time was that the $5K which was used to hire him came from the dubious NLHF (how they as a non-profit justified using donations to hire a criminal attorney for the family of a daughter accused of a missing child and check fraud/forgery charges seemed a little odd).

My faith in Nejames was restored when he terminated his association with the Anthonys shortly after that busy week in which TES came to search but backed off after two days, LP pulled his infamous stunt with the divers and held the memorial service at JBP, the Garrison email about the hairbrush surfaced and that very next weekend the meet-and-greet at the mall with KFN coincided with DC and JH filming the wooded area with their search as well as that false "Caylee sighting" which took place at the mall. I believe it was the very next week that Nejames quit Nov 20). Odd, odder and odderer, imo.

What struck me the first few times I heard MN speak was how he was trying to distance the A's from whatever KC had done.He made a point of saying he was not defending KC.I always felt that he knew KC was guilty and wanted to protect the grieving grandparents.They just wouldn't stick to the plan.

 

[MissJames]

Respectfully bolded by me.

I totally disagree with this argument on a couple of points. One, it is NOT the state's job or the circuit clerk's job, to determine what tips are actually relevant or important to give to the defense. They need to give the defense exactly what they have. And secondly, can you imagine if there had been ONE single tip from someone, anyone, psychic or not, that was in the exact area Caylee was found and the state had NOT given that to the defense? OMG, JB would have been doing back flips into court and demanding to know why the state is withholding discovery. He cannot have it both ways.

MN is correct. He should be paid FIRST before giving anything to JB. Maybe the state has some arrangement that payment can come later. However, MN is a private attorney in private practice and deserves to get paid for the documents before handing them over, just like anything else you purchase. I also, think MN has some inside knowledge that there is some monkey business as to where the funds are coming from and has a right to know that when he does get paid, it is from legitimate sources.

I don't think the state is "playing games" at all. I think they are experienced prosecutors and unfortunately they are holding JB to work for his client. They have no obligation whatsoever to hand JB anything or do any part of his job for him. IMO, Baez shows his inexperience over and over. So, yes, I think the state may use that to their advantage, as any opponent would.

BBM
Exactly! Had the state not turned over every one of those tips the defense would be up in arms claiming cover up. Jose' will do everything he can to make the SA and LE look bad to deflect the focus from KC.

 

[Truthwillsetufree]

my mistake-I took your post literally in that I thought you were mocking TM...my bad.

Everythings good, just don't want folks thinkin' I'm a KC fan or Pro Defense, I'm not and haven't been since day 31.

 

[RR0004]

I remember seeing the interview on the day he was hired; I thought it was odd at the time that the Anthonys had hired a criminal defense attorney to represent and manage their "media interests" - certainly some Michelle Bart type or a less qualified attorney could have done that.

But what was most interesting to me at the time was that the $5K which was used to hire him came from the dubious NLHF (how they as a non-profit justified using donations to hire a criminal attorney for the family of a daughter accused of a missing child and check fraud/forgery charges seemed a little odd).

My faith in Nejames was restored when he terminated his association with the Anthonys shortly after that busy week in which TES came to search but backed off after two days, LP pulled his infamous stunt with the divers and held the memorial service at JBP, the Garrison email about the hairbrush surfaced and that very next weekend the meet-and-greet at the mall with KFN coincided with DC and JH filming the wooded area with their search as well as that false "Caylee sighting" which took place at the mall. I believe it was the very next week that Nejames quit Nov 20). Odd, odder and odderer, imo.

Yup...that $5000 still doesn't sit well with me.

 

[Brini]

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.

If I was on a TES list to be given to JB, I'd PRAY for a subpeona!

(She files her teeth and nails).

 

[chesterp]

If I was on a TES list to be given to JB, I'd PRAY for a subpeona!

(She files her teeth and nails).

My fingers are crossed....please-please-please.

 

[LeLe1953]

Tim Miller's reputation is excellent. He is well thought of by law enforcement as well as so many other's. I doubt he will have a lick of trouble holding his own in court with JB. JB wants to play cowboy, Tim IS a cowboy. I don't think JB will get far attacking Tim Miller or any TES volunteer.

 

[Theonly1]

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:

I read the Memorandum of Law and I predict that now Baez is going to get what he wants: a) either Miller will be certified a Material Witness or b) Baez will get his subpoena duces tecum. I think Option B is more likely than Option A.

 

[JSR]

Yup...that $5000 still doesn't sit well with me.

Don't you also love the fact that Nejame gave RK $5000 as a reward for finding Caylee.

 

[LCoastMom]

What struck me the first few times I heard MN speak was how he was trying to distance the A's from whatever KC had done.He made a point of saying he was not defending KC.I always felt that he knew KC was guilty and wanted to protect the grieving grandparents.They just wouldn't stick to the plan.

I know with the Thank You button we don't need to pull up every post to say I totally agree. But I thought it was particularly important when MN signed on, being his specialty was criminal law. On every occasion he made a point of saying he had nothing to do with KC's defense. If anything ever made her look guilty, a lawyer standing there and saying he had nothing to do with the defendant in the case and he would do nothing for the defendant that was it, if I interpreted him correctly.

I felt he was trying to protect C & G from themselves and they just wouldn't let him do his job. Whether they just couldn't stand to feel they were being held away from supporting KC or they just couldn't stop putting their 2 cents in all the time, I don't know. But I thought all along, their relationship wasn't going to last. MN actually held in there longer than I thought he would.

MN, more than any of the attorneys to date was truly a class act. When he took the amount that had been donated to him to help cover his costs and turned around and gave it to RK, he impressed me all over again.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~​

 

[CarolinaMoon]

I just got through the appendices Baez and Lyon submitted with the motion. Apparantly, according to Appendix B, Joy Way's interview with LE gives support to the motion. They used pp. 2, 3 and 33 of her interview.

It's too bad they didn't include pp. 29-30, where she describes the scene as being under water!

http://www.wftv.com/pdf/19735491/detail.html