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Thread: 2011.01.03 - Motions Hearing (Summary Thread)

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    2011.01.03 - Motions Hearing (Summary Thread)

    Hello WS

    If this is not a good idea, mods please delete. I know you would like each subject broken up, but I don't know enough about what happened to break off and start subjects(not that I couldn't have waited). I was thinking this would go along with individual threads, not replace it. TIA mods.
    Last edited by Chiquita71; 01-03-2011 at 04:58 PM.
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    http://www.wftv.com/news/26351374/detail.html

    Judge Perry said Monday in Orlando that Casey's defense attorneys missed deadlines last month. Prosecutors had asked that the attorneys be fined $500 a day until they provided the information.

    Judge Perry also ordered that the experts must provide written reports about what they will say at trial. Anything not in the reports or in depositions will not be allowed at the May trial.
    Blessings to the children of the world~May peace be yours.

    Regardless of warnings the future doesn't scare me at all. Nothings like before. ~Utada Hikaru



    If you lose one you greatly love, take comfort...

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    So, the 500 a day. Is that something that is written in stone? Was that the sanctions the SA wanted?

    I think I get it now. The SA felt they had to make it about money to get the defense to do their job.

    Sad. How sad for our legal system? What else would I think the sanctions would be? What else would motivate this defense? The need for truth and justice, even the need to do their job and get their client free? No. It's moola.

    I thought I heard the judge speak about a gag order? Anyone know? TIA.
    Blessings to the children of the world~May peace be yours.

    Regardless of warnings the future doesn't scare me at all. Nothings like before. ~Utada Hikaru



    If you lose one you greatly love, take comfort...

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    Okay. And I am going to steal this from TheWorldAccording who just posted on the Hearing thread that sanctions were awarded. Again, if I am doing anything against TOS here, please delete. The scope of how lost I was to what was going on with this hearing(except for its extreme importance)should show in the fact that I started this thread. LOL.

    Starting this thread for the reason above: those know what is going on can say simply what others have no idea about.

    Sanctions were awarded. I consider that clarified but am open to what anyone else says or decides. TIA.

    ETA: I just read in Today's News that again, yes sanctions were awarded.

    Instead, Perry said the defense will be fined in an amount equal to the state's cost for bringing the motion for sanctions.

    The state will have to determine such an amount and submit paperwork to the court before Perry issues a final order on the amount of the fine.

    So, it's not 500 a day. It's going to cost the defense the amount it cost the SA to have to correct them? Okay. As long as the defense was told they had been caught not following the rules.

    If it is only going to be a lump sum, will the defense team still delay because it's not a "per day" type of thing? I really wonder if there is anything that could make people who so blatantly break rules and have zero respect for the process or law: do anything they are supposed to do?

    I will wait and see...
    Last edited by Chiquita71; 01-03-2011 at 05:31 PM.
    Blessings to the children of the world~May peace be yours.

    Regardless of warnings the future doesn't scare me at all. Nothings like before. ~Utada Hikaru



    If you lose one you greatly love, take comfort...

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    I think the $500 per day is still on the table if they continue to drag their feet. HHJP gave them no illusions or freebies today and CM left muttering under his breath about never having been sanctioned before. I guess he heard the judge that time

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    Chiquita, I think this is a great idea. The hearing and the motion thread were both flying at the speed of light today and I believe a lot of people are confused.

    For this to be productive, I think we should try to limit chit-chat and focus on the actual motions, rulings, etc... We NEED a thread where we don't have to wade through 30+ pgs to try to determine the outcome.

    Thanks!
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    Quote Originally Posted by Scamperoo View Post
    I think the $500 per day is still on the table if they continue to drag their feet. HHJP gave them no illusions or freebies today and CM left muttering under his breath about never having been sanctioned before. I guess he heard the judge that time
    Yes, this. It was HHJP's promise for the future.
    Never interrupt your opponent when they are making a mistake.

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    Quote Originally Posted by Chiquita71 View Post
    http://www.wftv.com/news/26351374/detail.html

    Judge Perry said Monday in Orlando that Casey's defense attorneys missed deadlines last month. Prosecutors had asked that the attorneys be fined $500 a day until they provided the information.

    Judge Perry also ordered that the experts must provide written reports about what they will say at trial. Anything not in the reports or in depositions will not be allowed at the May trial.
    JP said something about Wednesday in this regard. I think the defense has to submit the written reports by Wednesday. JP told the defense they could tell the experts in questions that the court was leaning on them to get the written statement ASAP.
    My posts are my opinion..........



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    'Beach is being nice to me by posting in my sad little thread. Thank you 'Beach. Naw...it might come in handy. I'm going to eat some din din and take a break and wait to see what everyone has to say. I'm a little jazzed up, thanks for puttin up with me Websleuths!

    I am happy to know that the penalties for the defense breaking the rules will not stop with today. What a bumpy road to this trial.
    Blessings to the children of the world~May peace be yours.

    Regardless of warnings the future doesn't scare me at all. Nothings like before. ~Utada Hikaru



    If you lose one you greatly love, take comfort...

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    Quote Originally Posted by 'Beach View Post
    Chiquita, I think this is a great idea. The hearing and the motion thread were both flying at the speed of light today and I believe a lot of people are confused.

    For this to be productive, I think we should try to limit chit-chat and focus on the actual motions, rulings, etc... We NEED a thread where we don't have to wade through 30+ pgs to try to determine the outcome.

    Thanks!
    I think this is a great idea! I didn't participate a lot in the hearing thread today as I was intently watching the hearing...........listening and looking at faces for reaction to what was being said. I find it difficult to go back and forth between the hearing and the WS thread without getting confused or missing something.
    My posts are my opinion..........



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    Quote Originally Posted by Leila View Post
    JP said something about Wednesday in this regard. I think the defense has to submit the written reports by Wednesday. JP told the defense they could tell the experts in questions that the court was leaning on them to get the written statement ASAP.
    Not quite. JB was hemming and hawing about the amount of time to get the reports. HHJP has ruled 7 days, but in a gesture to JB (and to basically give him even more rope to further hang himself) he will not be filing his order until Wednesday morning, so the 7 days will start then. This gives JB enough time to contact his experts and let HHJP know if there is a problem before he files the order. He will make any decisions on whether or not JB gets a couple more days for a specific witness based on that (but no way is he getting 30 days)

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    So nothing was actually ruled on today? What was the actual point of the hearing?

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    Oh there was some rather solid rulings today. The big one being the sanctions ruling. The defense has 7 days to provide written reports from any experts they plan on using at trial. Anything not in the reports or stated during deposition will not be allowed to be said at trial. (am I correct in taking that as "If they don't have a report they won't be taking the stand"?) Further JB was sanctioned for the costs associated with the sanctions motion and the willfull delays. Further this hearing was a rather amazing dressing down of the defense concerning deadlines and behavior. You really do have to watch it. It is by far the most interesting hearing to date. if nothing else it was fascinating to watch the wheels coming off the defense in real time.

    A few motions were ruled on. Mainly the ones that the Prosecution will not be challenging. So the defense managed to win that the JibJab video will not be used at trial (this one still blows my mind), they don't plan on using the knife for anything, and non expert witnesses will not be stating opinions.


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    Quote Originally Posted by faefrost View Post
    Oh there was some rather solid rulings today. The big one being the sanctions ruling. The defense has 7 days to provide written reports from any experts they plan on using at trial. Anything not in the reports or stated during deposition will not be allowed to be said at trial. (am I correct in taking that as "If they don't have a report they won't be taking the stand"?) Further JB was sanctioned for the costs associated with the sanctions motion and the willfull delays. Further this hearing was a rather amazing dressing down of the defense concerning deadlines and behavior. You really do have to watch it. It is by far the most interesting hearing to date. if nothing else it was fascinating to watch the wheels coming off the defense in real time.

    A few motions were ruled on. Mainly the ones that the Prosecution will not be challenging. So the defense managed to win that the JibJab video will not be used at trial (this one still blows my mind), they don't plan on using the knife for anything, and non expert witnesses will not be stating opinions.
    And I don't think they can Ask Anthony R about having sex with Casey. A host of other motions got extensions so the State can respond. I just can't remember which ones those were specifically. Anyone know? I think they will be heard at the next status hearing, is that right? Or are they all split between an evidentiary hearing and a Frye hearing?

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    Quote Originally Posted by faefrost View Post
    Not quite. JB was hemming and hawing about the amount of time to get the reports. HHJP has ruled 7 days, but in a gesture to JB (and to basically give him even more rope to further hang himself) he will not be filing his order until Wednesday morning, so the 7 days will start then. This gives JB enough time to contact his experts and let HHJP know if there is a problem before he files the order. He will make any decisions on whether or not JB gets a couple more days for a specific witness based on that (but no way is he getting 30 days)

    THANK YOU!!!

    Proof this thread is a great idea. I have been trying to get a clear answer on that in the hearing thread and no one was clear on it. You answer makes sense.
    Never interrupt your opponent when they are making a mistake.

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    Quote Originally Posted by faefrost View Post
    Oh there was some rather solid rulings today. The big one being the sanctions ruling. The defense has 7 days to provide written reports from any experts they plan on using at trial. Anything not in the reports or stated during deposition will not be allowed to be said at trial. (am I correct in taking that as "If they don't have a report they won't be taking the stand"?) Further JB was sanctioned for the costs associated with the sanctions motion and the willfull delays. Further this hearing was a rather amazing dressing down of the defense concerning deadlines and behavior. You really do have to watch it. It is by far the most interesting hearing to date. if nothing else it was fascinating to watch the wheels coming off the defense in real time.

    A few motions were ruled on. Mainly the ones that the Prosecution will not be challenging. So the defense managed to win that the JibJab video will not be used at trial (this one still blows my mind), they don't plan on using the knife for anything, and non expert witnesses will not be stating opinions.
    BBM

    I took some notes on this but it HHJP was talking at the speed of light (imo, he already knew what he was gonna do).

    It was my understanding that they can take the stand, BUT he will not allow them to offer any opinion that is not specifically layed out in their report. (The opinion has to be disclosed to the prosecution before being allowed to testify to it.)
    Never interrupt your opponent when they are making a mistake.

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    Quote Originally Posted by Chiquita71 View Post
    So, the 500 a day. Is that something that is written in stone? Was that the sanctions the SA wanted?

    I think I get it now. The SA felt they had to make it about money to get the defense to do their job.

    Sad. How sad for our legal system? What else would I think the sanctions would be? What else would motivate this defense? The need for truth and justice, even the need to do their job and get their client free? No. It's moola.

    I thought I heard the judge speak about a gag order? Anyone know? TIA.
    I just listened to Part 1 and 2 of the hearing, and Judge Perry said the State will file an ffadavit declaring their expenses to file the motions and their attorneys' time to do so, and this will be the amount of sanctions he imposes.
    The road goes on forever and the party never ends.

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    Quote Originally Posted by 'Beach View Post
    BBM

    I took some notes on this but it HHJP was talking at the speed of light (imo, he already knew what he was gonna do).

    It was my understanding that they can take the stand, BUT he will not allow them to offer any opinion that is not specifically layed out in their report. (The opinion has to be disclosed to the prosecution before being allowed to testify to it.)
    Yeah, but do the prosecutors have to even schedule a deposition without the court ordered discovery? So if they don't get the report, do they not do the deposition? And if so is there then nothing the expert can say at trial?

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    Quote Originally Posted by faefrost View Post
    Yeah, but do the prosecutors have to even schedule a deposition without the court ordered discovery? So if they don't get the report, do they not do the deposition? And if so is there then nothing the expert can say at trial?
    Didn't they already take most of the depos, though?

    "It would seem to me that June 16, 2008 was the last time that the victim was viewed by her grandparents. It became quite evident that from the OS of the Defense that the 16th was a date of great importance and that a so called time line of activities dealing with CA, LA, GA and ICA on the 16th and what, if any, activities took place on the 15th, 16th and 17th of June on 24 hour cycles would have been, at least, of a minimal requirement of review. I take it at some point you had a computer expert look at that data?" HHJP, 6/21/11
    http://www.websleuths.com/forums/sho...139910&page=94

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    Quote Originally Posted by faefrost View Post
    Not quite. JB was hemming and hawing about the amount of time to get the reports. HHJP has ruled 7 days, but in a gesture to JB (and to basically give him even more rope to further hang himself) he will not be filing his order until Wednesday morning, so the 7 days will start then. This gives JB enough time to contact his experts and let HHJP know if there is a problem before he files the order. He will make any decisions on whether or not JB gets a couple more days for a specific witness based on that (but no way is he getting 30 days)

    So in reality HHJP gave JB & crew nine days? But the sanctions start.... on the original due date? Wednesday? or 7 days from Wednesday?

    I'm missing how this is giving JB more rope? Is he still unlikely to be finished and will then face more sanctions or more extensions?

    Sorry we're having power issues today so I missed the hearing.

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    My posts are my opinion only. Praying for Justice for Caylee Marie!
    The Florida Bar summed up the problem regarding Mr. Baez.
    "His overall behavior, they wrote, showed "a total lack of respect for the rights of others and a total lack of respect for the legal system, which is absolutely inconsistent with the character and fitness qualities required of those seeking to be afforded the highest position of trust and confidence recognized by our system of law." (Thank you to TWA) Read their opinion here: http://www.floridasupremecourt.org/d...ps/sc95855.pdf


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    Quote Originally Posted by LCoastMom View Post
    So in reality HHJP gave JB & crew nine days? But the sanctions start.... on the original due date? Wednesday? or 7 days from Wednesday?

    I'm missing how this is giving JB more rope? Is he still unlikely to be finished and will then face more sanctions or more extensions?

    Sorry we're having power issues today so I missed the hearing.
    I think he effectively gave JB 9 days, by delaying filing it for a day. Basically today and tomorrow are freebies to give him a chance to talk to his experts. At least that is how I took it.

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    Quote Originally Posted by LCoastMom View Post
    So in reality HHJP gave JB & crew nine days? But the sanctions start.... on the original due date? Wednesday? or 7 days from Wednesday?

    I'm missing how this is giving JB more rope? Is he still unlikely to be finished and will then face more sanctions or more extensions?

    Sorry we're having power issues today so I missed the hearing.
    I just relistened and the judge specifically said 7 days 'from the date of the order'.

    MOO

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    The sanctions are for the actual court time so they aren't going to be affected by how long it takes to file for JB or if he is late. HHJP threated that JA suggestion was the next step...

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    As a rehash for today -

    The restriction on telephoto and audio was kept as previously ordered with the attorneys reminded to turn off their mikes. HHJP offered the table across the courtroom with the defense backs to the wall and CM said they would take that table.

    HHJP said he would pay for the transcripts (approx $2500) which is $860.70 over JAC guidelines but told CM to get a contract next time before getting the depositions

    HHJP is ordering on the motion for Kronk as it is filed. HHJP brought up Hitchcock v. State and Prof 'earhardt' (sp?) as the attornies would already knew how he would rule.

    HHJP is waiting for 15 days (state to respond) on the following and then will write the order (no addl hearing):

    Sexual interrogation of Lazarro
    Sexual Interrogation of Rosciano
    Neighbor and Shovel
    Character Evidence of Stealing and Lying
    Tattoo
    Defendant MySpace "Diary of Days'
    Cindy Anthony MySpace

    The state agreed and the defense was granted the following motions:

    Speculation of Defandant knowledge by TES
    Table Knife
    JibJab Cartoon

    Frye hearings will be held on:

    Decomposition Chemical
    Chloroform
    Root Growth
    Post Mortem Banding
    Stain in trunk of Car

    evidentiary hearings will be held on:

    Jail Interview of Defendant by Agents
    Jail Video of 'announcement'
    Joe Jordan
    K-9 Alerts (must establish dogs have appropriate training)
    motion to preclude phantom hear sticker

    And last but not least I don't know where they left the Universal Interview that CM added this morning - I think the state was given the 15 days to respond but not sure.

    IMO this hearing was a doosie and needs to be watched several times as there are a myriad of subtelties that many have already alluded to (Curtis Jackson, try it 2 times, etc).

    MOO - please correct my list if I got something wrong!!


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