Emergency Hearing 12/16/08 UPDATE: Motions Denied

[PrintGal]

Wow. Just wow. Judge Strickland is made of awesome. He was patient even when JB and co. were being ludicrous time-wasters. He gave them a hearing and a well-reasoned judgment, and is bending over backwards in order to not give defense any grounds for appeal at this point (they'll find plenty later).

They are going to attack the evidence and try to get as much dismissed as they can. I would bet they try every challenge they can think of from chain-of-custody, to "dirty equipement". Like the OJ trial they are going to try to baffle the jurors with a load of bs to try to get that reasonable doubt. Yet another reason that the LE professionals involved have to be very painstaking. And like Judge Wonderful pointed out, after HL and JB and the gang hanging around the perimeter of the scene, extra-special painstaking.

 

[ThoughtElf]

Hey, what do you think the trial judge is thinking while he is watching all of these motions being filed by JB?

I'll bet he is thinking, "WTH am I getting into with these clowns?" and wishing the case was staying in Judge Strickland's hands.

 

[Gaia713]

I didn't get to hear it live, but heard it on the link. I still don't believe that man even filed such a stupid motion.

"They're not sure when they're gonna be done," Baez said of the investigators. "It's no longer a crime scene, it's more of an excavation scene."

But Strickland quickly shot down that argument, ruling the defense team has no right to interfere with detectives as they process the crime scene.

"There's no time clock on an investigation and if law enforcement doesn't do an exhaustive job, defense will argue it was shoddy and inadequate," said Strickland.

Strickland also said there was no need to appoint someone to oversee the work of the Orange County medical examiner and said the motion on a second autopsy was a moot point since the body hadn't even been identified yet.

WFTV legal analyst William Sheaffer called the motions "ludicrous." Sheaffer said it was unheard of for a defense team to ask to be part of a murder investigation. He also pointed out that the request for a second autopsy was a moot point because either Casey Anthony, or her parents, George and Cindy, would have the right to have that done once the remains are turned over to them, if the remains do indeed belong to missing 2-year-old Caylee Anthony.

Baez is trying to force a "rush to judgment." NO WAY, JOSE

 

[MagicRose99]

He is SO out of legal bounds on this and the other motion he filed. Is he that stupid or is he trying for the most despised attorney in that city?

He is sure not gaining any points criticizing LE & the FBI. He better make sure he has a "squeaky clean" background, or we will start hearing leaks about him.

I just think he's incompetent. He pretends he knows what he's doing when he doesn't have a clue. Unfortunately, this is going to end up helping KC in the long run. He should be kicked off the defense team, but he won't be... because his presence ensures a retrial.

 

[Nore]

There is no positive ID on the body, is it ethical for anything to be turned over to to the defense team when we don't know for SURE that it IS Caylee yet? Until a positive ID the defense IMO will be granted NADA, NOTHING.

Of course I know in my heart it is Caylee but just saying...

----------------
Hi, will JB. have to pay for the autopsy? Maybe he figures he will save a few bucks by watching LE.'s..They cant turn anything over until they are certain its Caylee~then again maybe he knows for sure..What an atty!! Where did she find him? maybe in a Val~Pak..

 

[trac]

Casey got his card when she was first in prison

I don't think JB is the one doing all this - he is the FL attorney of record and I think he's being pushed by the high falutin' lawyers and experts that have weasled their way into this whole mess. I'm sure JB was thinking, how wonderful it is to have these experts interested so he invited them in, I bet he's regretting that now.

 

[21merc7]

----------------
Hi, will JB. have to pay for the autopsy? Maybe he figures he will save a few bucks by watching LE.'s..They cant turn anything over until they are certain its Caylee~then again maybe he knows for sure..What an atty!! Where did she find him? maybe in a Val~Pak..

Yes, JB is "allegedly retained" which means any tests he wants done, he has to pay for. However, it seems his pro bono team of experts are doing things for free.

 

[yeknomaras]

hello all, new WS'er here!

what i don't understand about the autopsy issue is - once the State is finished doesn't the body go to the Anthony's anyway? so why are they so intent on ASKING for a 2nd autopsy when the family will be getting the body anyway?

also, i would assume casey would be getting the remains of poor Caylee anyway right? or maybe he's afraid CA and GA would get them and not let him desecrate them further.

interesting.

 

[21merc7]

Casey got his card when she was first in prison

I don't think JB is the one doing all this - he is the FL attorney of record and I think he's being pushed by the high falutin' lawyers and experts that have weasled their way into this whole mess. I'm sure JB was thinking, how wonderful it is to have these experts interested so he invited them in, I bet he's regretting that now.

I disagree. JB has been filing these motions since the beginning. The experts are stuck with him. He is embarrassing them. He does not have enough experience in criminal defense to know when to file which motions, nor how to file them in a timely manner. We have also noted he never cites any case law, he just makes this stuff all up. JG Strickland is being very lenient and patient b/c of this knowledge. IMO.

 

[21merc7]

hello all, new WS'er here!

what i don't understand about the autopsy issue is - once the State is finished doesn't the body go to the Anthony's anyway? so why are they so intent on ASKING for a 2nd autopsy when the family will be getting the body anyway?

also, i would assume casey would be getting the remains of poor Caylee anyway right? or maybe he's afraid CA and GA would get them and not let him desecrate them further.

interesting.

As JG Strickland said in the hearing today, the remains will go to the A family, they can decide if they wish a 2nd autopsy done at that time. Defense can not make that choice, nor can the Judge.

 

[trac]

Yes, JB is "allegedly retained" which means any tests he wants done, he has to pay for. However, it seems his pro bono team of experts are doing things for free.

It won't be totally free - they need a lab and all the fixings in the lab - then there is the transcription and photographs and video - that could run into the thousands - I don't see a lab offering up their services for free - UNLESS they would get publicity out of it

Thats all this as come to - it's not about prosecuting Casey for the inhumane murder of an innocent little girl - it's all about who can make money off of this

 

[yeknomaras]

As JG Strickland said in the hearing today, the remains will go to the A family, they can decide if they wish a 2nd autopsy done at that time. Defense can not make that choice, nor can the Judge.

casey would be the one to get them though, so has she told Baez she doesn't want an autopsy done? maybe she's afraid of him finding out the truth, even though the state is going to find it first.

i really don't understand his incessant need to keep filing "emergency" motions that would give him access to the remains before they get turned over to the fam.

does this strike anyone else as very weird or am i looking to deep into this situation?

 

[21merc7]

It won't be totally free - they need a lab and all the fixings in the lab - then there is the transcription and photographs and video - that could run into the thousands - I don't see a lab offering up their services for free - UNLESS they would get publicity out of it

Thats all this as come to - it's not about prosecuting Casey for the inhumane murder of an innocent little girl - it's all about who can make money off of this

Since pro bono means basically means free, JB probably has not thought that far ahead, lol! (I don't know if that have their own private labs or not.)

 

[yolorado]

Judge Strictland: Some of this is pure folly.

Here hear!

 

[Nore]

I didn't get to hear it live, but heard it on the link. I still don't believe that man even filed such a stupid motion.

"They're not sure when they're gonna be done," Baez said of the investigators. "It's no longer a crime scene, it's more of an excavation scene."

But Strickland quickly shot down that argument, ruling the defense team has no right to interfere with detectives as they process the crime scene.

"There's no time clock on an investigation and if law enforcement doesn't do an exhaustive job, defense will argue it was shoddy and inadequate," said Strickland.

Strickland also said there was no need to appoint someone to oversee the work of the Orange County medical examiner and said the motion on a second autopsy was a moot point since the body hadn't even been identified yet.

WFTV legal analyst William Sheaffer called the motions "ludicrous." Sheaffer said it was unheard of for a defense team to ask to be part of a murder investigation. He also pointed out that the request for a second autopsy was a moot point because either Casey Anthony, or her parents, George and Cindy, would have the right to have that done once the remains are turned over to them, if the remains do indeed belong to missing 2-year-old Caylee Anthony.

----------------
This man is an embarrassement (sp) to the legal profession.I have no schooling beyond hi school and I am embarrassed for him! After today I am convinced he knows it is Caylee.Did he get his Diploma from the internet? I dont think G. and C. will want an autopsy,could be wrong though

 

[impatientredhead]

As JG Strickland said in the hearing today, the remains will go to the A family, they can decide if they wish a 2nd autopsy done at that time. Defense can not make that choice, nor can the Judge.

I am not sure the remains are still not Casey's to authorize the autopsy or not. She is not convicted.

Different state, but in our situation my MIL was murdered by her husband while in a ugly ugly divorce battle. Despite him be the accused and the existence of the divorce proceedings he maintained legal standing as next of kin with full spousal rights. The morgue would not release her body to her son for burial without his signature. So I know it does not make sense, and maybe florida allows those rights to taken from her at only an accusation stage and prior to conviction, but I can tell you from real life experience it is not a given.

 

[faefrost]

I just think he's incompetent. He pretends he knows what he's doing when he doesn't have a clue. Unfortunately, this is going to end up helping KC in the long run. He should be kicked off the defense team, but he won't be... because his presence ensures a retrial.

No it doesn't. Unless Baez commits something that gets him disbarred during trial it is highly unlikley that any appeals based on incompetant defense will be allowed. JB is not a public defender. The client selected and hired him. h3e represents her at her pleasure. He is obviously spending alot of time with the client and working diligently on her case. You select the lawyer. If you choose to select and pay a stupid one, so be it. Judge S has done a very good job of treating JB's stupidity in a calm and even manner, to avoid any hints of incompetance, and he also appears to be watching carefully for any lawyer actions that might harm the client.

There is a much deeper legal standard for retrial based on incompetent defense then has been seen here sofar. In fact the assemply of the "Sceme team" assures that KC is getting the best hollywood defense that money could possibly buy.

 

[trac]

Since pro bono means basically means free, JB probably has not thought that far ahead, lol! (I don't know if that have their own private labs or not.)

Pro bono for the lawyers - that is still remains to see - I know Dr. Lee said he's not getting paid, he injects himself everywhere there is a camera (too bad too)

I doubt they have their own lab, none of them are from Florida at all - they aren't licensed to even work in Florida, I think thats whey they keep JB on (or Casey does that I don't know, according her she can somewhat trust him - but then who do you trust when yourself can't be trusted and she knows she's lying)

What I"m interested to hear from the autopsy is if the head was severed - Dr. Baden was on commenting about the discovery and he said two things I'm interested in - one was that the head shouldn't have been detatched tho it's a child so the spinal cord was still flexible and small, the head should not have just rolled out of the bag and two - the duct tape - he said exactly what I was thinking, the duct tape would not be stuck to a skeleton, when the flesh was disintergrating (sp?) the tape would fall off UNLESS there was still some flesh on the skull OR the tape was hanging onto some flesh that was still there OR the tape was wrapped around the head multiple times that it was held on by the hair (it's all gross - especially when I see that adorable video of her singing and looking at the book)

 

[ShadowGal]

Bam!

JB and co have been officially thumped.

Never been happier to see this cadre of sausage cased suits put dowwwnnn...

Love Judge S :clap:

 

[Mendara]

casey would be the one to get them though, so has she told Baez she doesn't want an autopsy done? maybe she's afraid of him finding out the truth, even though the state is going to find it first.

i really don't understand his incessant need to keep filing "emergency" motions that would give him access to the remains before they get turned over to the fam.

does this strike anyone else as very weird or am i looking to deep into this situation?

He wants to know how the baby was killed at the same time as the state so he can build a defense around a story that will fit the cause of death. He will also use these denials of his motions as a defense as well to show some type of legal bias. IMHO