Baez Wants Casey Present at Depositions of Jail Inmates and Personnel

I feel JB has something up his sleeve with this request. Maybe thinks she can pursuade them not to talk if she is in the room, afterall she thinks they are her BFFs. I also think this means JB is worried about them as witnesses.

Thanks for the update! I assume this came out of today's status hearing? I didn't get to see it. I wonder if it's common practice for inmates to be present at the depos? It doesn't seem right.

I think your theory might be spot on, about why KC wants them there, and about JB being worried.

DaughterAlice said:

Thanks for the update! I assume this came out of today's status hearing? I didn't get to see it. I wonder if it's common practice for inmates to be present at the depos? It doesn't seem right.

I think your theory might be spot on, about why KC wants them there, and about JB being worried.

Click to expand...

My jaw dropped when he asked for this. I could see CM chuckling in my mind's eye.
It is not common practice for the defendant to be present at the deposition. I doubt this will be approved by HHJP. JB has to show good cause and gave a lame excuse at the hearing today.

Can you imagine if Casey was present during, say, Amy's depo? It would be intimidating, to say the least. I imagine there's a very sane reason why this is not done and needs to have good cause shown. I couldn't watch the whole hearing, yet, so was JB asking for her presence during the depos of anyone in particular, or all remaining depos?

truckengirl said:

I feel JB has something up his sleeve with this request. Maybe thinks she can pursuade them not to talk if she is in the room, afterall she thinks they are her BFFs. I also think this means JB is worried about them as witnesses.

Click to expand...

iirc (I will be going back to listen to the hearing again)..Judge Perry said the Law does not allow the Defendant to be present during depositions and Baez said he will, now don't be shocked , file a motion to show "just cause"

AZ or other WS legals, what would constitute "just cause" here when the Law does not allow for it?
IMO the excuse of Casey not remembering names is not a compelling one when all Baez has to do is get a picture of that person with their name below...

I agree, truckengirl Baez/ICA is up to something...smirk, smirk

Is this standard? I have no clue.

Gnatcatcher said:

Can you imagine if Casey was present during, say, Amy's depo? It would be intimidating, to say the least. I imagine there's a very sane reason why this is not done and needs to have good cause shown. I couldn't watch the whole hearing, yet, so was JB asking for her presence during the depos of anyone in particular, or all remaining depos?

Click to expand...

No, not anyone in particular, nor the remaining Depos...Only the Depos of Jail personnel done at the County Jail..

JB also stated that he believes that there is "something funky" going on down at the jail. Dunno how or if that statement relates to him wanting KC there for those depos.

ynotdivein said:

JB also stated that he believes that there is "something funky" going on down at the jail. Dunno how or if that statement relates to him wanting KC there for those depos.

Click to expand...

Ooo, "somthing funky down at the jail" my jaw dropped when he said that, very professional Mr. Baez how did it go again um..a..mmm...er somthing er..hum..ah FUNKY..uh..down at the jail...smirk smirk....um..sly grin.

KC has told Baez that everyone "loves" her in the jail, maybe he thinks she can use her svengali like personality to hypnotize them from across the room. It could be he hopes they will be sympathetic/intimidated or whatever by her mere presence. Mr.Baez should know by now that you can only fool all of the people some of the time...that time has long since gone.

His defense strategy is unfocused and has always been about intimidation and misdirection, none of which is going to do his client any good. JMHO

Like ICA "forgot" the people she wrote to ! Yep UMHMMMMM I believe that half truth! DUHH!

JB Wants ICA Present at Depositions of Jail Inmates and Personnel

Yeah, well I want to be a size 2 and drive a Porsche.

I'd bet Jose and I are in the same boat on this "want" business.

Gnatcatcher said:

Can you imagine if Casey was present during, say, Amy's depo? It would be intimidating, to say the least. I imagine there's a very sane reason why this is not done and needs to have good cause shown. I couldn't watch the whole hearing, yet, so was JB asking for her presence during the depos of anyone in particular, or all remaining depos?

Click to expand...

Just for the depos of Jail personnel because ICA can't remember their names. We also learned today that Amy was never deposed before the cheque case and still not deposed in the murder case.

After Baez stated in today's status hearing that he would like to have ICA present for the depositions of the Orange County Corrections Officers, HHJP asked Baez if he knew what the rule said.

FRCP 3.220 (h) Discovery Depositions

(7) Defendant’s Physical Presence. A defendant shall not be physically present at a deposition except on
stipulation of the parties or as provided by this rule. The court may order the physical presence of the defendant
on a showing of good cause. The court may consider (A) the need for the physical presence of the defendant to obtain effective discovery, (B) the intimidating effect of the defendant’s presence on the witness, if any, (C) any
cost or inconvenience which may result, and (D) any alternative electronic or audio/visual means available.

Whaaaa? Can you please explain what that means?

I get the meaning of A, B seems like the choice that Jose would love to use, but C and D just don't make sense to me.

Also, of those reasons to allow a defendant to attend a depo, which one would Jose likely present (motion) to HHJP?

Thanks in advance!

Funny how ICA doesn't want to be bothered with attending status hearings but she wants to attend depositions. I don't think judge will ever grant this request because all she has to do is identify them through pictures.

It's the only way she can see her ol' buddies. I'm sure they're just frothing at the bit to see her, too.

*insert eye roly poly.

No way the judge will grant this motion. It's all about intimidation and there's no legitimate reason the defense can come up with to justify it. Baez and Mason even kind of giggled and looked sheepish when Judge Perry gave that puzzled look of his and asked well, what does the rule of law say about this? They know it will never happen.

I really interpreted the request to include current jail employees and the one(s) terminated due after their internal affairs investigations. JB named as his "reason" for wanting KC there that she didn't remember names or couldn't identify what was done or facilitated by whom (who? editors???? ).

If we look at the continually increasing witness list...is it plausible to assume that KC can identify each and every person on the list (or at a minimum...ALL non-LE an expert witnesses) ??? I think no.

Excluding JB's reasoning, what other benefit would KC's defense gain by having her attend the depo? I'll list a few that come to mind and offer them for consideration. They may or may not be plausible but I like to imagine the BIG picture.

Intimidation:
Having ICA present would likely intimidate someone from being as candid as they would otherwise. Additionally jail employees that saw KC every day would have an added ingredient in their depos. The ability for ICA to signal JB that he needs to dig further or the ability for ICA to dispute a fact in real time!

Defense use of misidentification of a witness:
The esteemed Ms. Lyon has spent countless hours educating students about witness mididentification. She teaches that refuting a witness ID can benefit the client. People forget a face, confuse parties, can't recall after a long period of time. Did JB not state the reason was based on witness identification??????

Imagine KC sitting in a depo and saying to JB...."no that's is not the one I... was talking to / about / remember".
Does the defense then open a door to reasonable doubt to specific testimony by saying.....she's not sure who passed letters? She doesn't recognize this person.

I can hear JB in court now.....

"There must still be a rogue jail employee on the staff doing something funky."

Enter premeditated "daisy chain" garbage here.

ClockWatcher said:

After Baez stated in today's status hearing that he would like to have ICA present for the depositions of the Orange County Corrections Officers, HHJP asked Baez if he knew what the rule said.

FRCP 3.220 (h) Discovery Depositions

(7) Defendant’s Physical Presence. A defendant shall not be physically present at a deposition except on
stipulation of the parties or as provided by this rule. The court may order the physical presence of the defendant
on a showing of good cause. The court may consider (A) the need for the physical presence of the defendant to obtain effective discovery, (B) the intimidating effect of the defendant’s presence on the witness, if any, (C) any
cost or inconvenience which may result, and (D) any alternative electronic or audio/visual means available.Whaaaa? Can you please explain what that means?

I get the meaning of A, B seems like the choice that Jose would love to use, but C and D just don't make sense to me.

Also, of those reasons to allow a defendant to attend a depo, which one would Jose likely present (motion) to HHJP?

Thanks in advance!

Click to expand...

Clockwatcher, I copied your posting from the Ask the Lawyers thread as it was also relevant to this thread and members can discuss on this thread (as opposed to lawyer thread)!

:dance:

sleutherontheside said:

I really interpreted the request to include current jail employees and the one(s) terminated due after their internal affairs investigations. JB named as his "reason" for wanting KC there that she didn't remember names or couldn't identify what was done or facilitated by whom (who? editors???? ).

If we look at the continually increasing witness list...is it plausible to assume that KC can identify each and every person on the list (or at a minimum...ALL non-LE an expert witnesses) ??? I think no.

Excluding JB's reasoning, what other benefit would KC's defense gain by having her attend the depo? I'll list a few that come to mind and offer them for consideration. They may or may not be plausible but I like to imagine the BIG picture.

Intimidation:
Having ICA present would likely intimidate someone from being as candid as they would otherwise. Additionally jail employees that saw KC every day would have an added ingredient in their depos. The ability for ICA to signal JB that he needs to dig further or the ability for ICA to dispute a fact in real time!

Defense use of misidentification of a witness:
The esteemed Ms. Lyon has spent countless hours educating students about witness mididentification. She teaches that refuting a witness ID can benefit the client. People forget a face, confuse parties, can't recall after a long period of time. Did JB not state the reason was based on witness identification??????

Imagine KC sitting in a depo and saying to JB...."no that's is not the one I... was talking to / about / remember".

Does the defense then open a door to reasonable doubt to specific testimony by saying.....she's not sure who passed letters? She doesn't recognize this person.

I can hear JB in court now.....

"There must still be a rogue jail employee on the staff doing something funky."

Enter premeditated "daisy chain" garbage here.

Click to expand...

I think she has been practicing that line...isn't that her defense in the civil case??? :waitasec:

ynotdivein said:

JB also stated that he believes that there is "something funky" going on down at the jail. Dunno how or if that statement relates to him wanting KC there for those depos.

Click to expand...

BBM:

OMG.... for real? LMAO If nothing else I have got to listen to todays hearing just for $hi.. & Giggles!

All seriousness aside... if it weren't for this case being soooooo serious & dear to so many..... JB does provide the most shocking & embarrassing entertainment..... kwim?????

I can't say how many times I've thought..... oh no he didn't!!!!

It makes me wonder what exactly ICA is thinking while all this is going on...?????? LMAO

Does anyone have a link to watch todays hearing please......?????