962 users online (184 members and 778 guests)  


Websleuths News


Page 1 of 4 1 2 3 ... LastLast
Results 1 to 15 of 46
  1. #1
    jnTexas's Avatar
    jnTexas is offline Can't wait for softball and baseball to start :-)
    Join Date
    Sep 2008
    Location
    Splendora, Texas
    Posts
    3,424

    State of Florida's Motion to Strike Defense Witness List

    I have not seen this discussed as of yet.

    http://media.myfoxorlando.com/photog...dexGallery.htm

    Taken from the doc:

    On November 20, 2008, the defendant filed a doc title Defense Witness List listing three witnessess under Category A and otherwise incorperating "the entire State's Witness List by refernece."

    The defendant's 'incorporation by reference" is an even less conscientous effort to name only those witnesses she expects to call at trail as is makes no reference to any particular filing and makes no accounting for amended or supplemental witness lists filed by the state.

    Looks like Beaz made another booboo!!
    Can't wait till the trial tomorrow.

  2. #2
    Join Date
    Nov 2008
    Posts
    4,973
    What a dope. Is he trying to be sneaky, or just lazy?

  3. #3
    jnTexas's Avatar
    jnTexas is offline Can't wait for softball and baseball to start :-)
    Join Date
    Sep 2008
    Location
    Splendora, Texas
    Posts
    3,424
    Maybe has pays by the word for documents to be typed. LOL

  4. #4
    Join Date
    Aug 2004
    Location
    Beautiful Blue Ridge Mountains
    Posts
    4,182
    Quote Originally Posted by jnTexas View Post
    I have not seen this discussed as of yet.

    http://media.myfoxorlando.com/photog...dexGallery.htm

    Taken from the doc:

    On November 20, 2008, the defendant filed a doc title Defense Witness List listing three witnessess under Category A and otherwise incorperating "the entire State's Witness List by refernece."

    The defendant's 'incorporation by reference" is an even less conscientous effort to name only those witnesses she expects to call at trail as is makes no reference to any particular filing and makes no accounting for amended or supplemental witness lists filed by the state.

    Looks like Beaz made another booboo!!
    Can't wait till the trial tomorrow.
    What's with Jose Baez?
    Is he just plain lazy or just plain dumb?
    He is always trying to get someone to do his work for him, isn't he?
    Jose seems to have his own issues with "feelings of entitlement". It's most bizarre. I'm surprised that some of those high powered members of the defense team want to put their name on the line by associating with him frankly.

  5. #5
    Join Date
    Jan 2009
    Location
    PA
    Posts
    1,276
    So let me get this straight...instead of listing witnesses...he said...

    "yeah, whoever they are going to have share, me too" ?

    Is this normal?

    I feel like I am taking a law course here...

  6. #6
    whiteangora's Avatar
    whiteangora is offline I'm on the right track baby. I was "Born This Way"
    Join Date
    Nov 2007
    Location
    Memphis, TN
    Posts
    5,751
    Quote Originally Posted by sweetmop View Post
    What's with Jose Baez?
    Is he just plain lazy or just plain dumb?
    He is always trying to get someone to do his work for him, isn't he?
    Jose seems to have his own issues with "feelings of entitlement". It's most bizarre. I'm surprised that some of those high powered members of the defense team want to put their name on the line by associating with him frankly.
    The truly bizarre part is that he managed to find a client with the same twisted characteristics as his own.
    Neighborhood Watch is...
    NOT the Vigilante Police
    http://www.sanfordfl.gov/investigati...PowerPoint.pdf





  7. #7
    Join Date
    Aug 2008
    Posts
    4,776
    Quote Originally Posted by RammerJammer View Post
    So does JB just want to say ditto to those as well? He really doesn't like to do his own legwork, does he---just as Judge Strickland recommended. He needs to get with the program here.
    My error, I read it incorrectly. I deleted my post...sorry

  8. #8
    Join Date
    Jul 2008
    Location
    Southeast US
    Posts
    2,244
    From my reading, the real issue is this:

    From the state's motion:

    "As noted in Dufour v. State. 495 So.2d 154 (Fla. 1986), the listing of witnesses by the defendant limits the prosecution's plenary power to subpoena witnesses and take ex parte testimony as to any violation of the criminal law within its jurisdiction (citing AbleBuilders Sanitation Co. v. State. 368 So.2d 1340 (Fla. 3d DCA), dismissed 373 So.2d 461(1979) and Florida Statute 27.04.)"

    Apparently, after the defense provides a witness list to the state the state can't interview anyone on it without giving the defense notice and allowing them to attend the interview and examine the witness. If the state does so without notifying the defense and allowing attendence, the witness testimony can be excluded from trial or the whole indictment thrown out.

    By listing the entire state's witness list, the state can't talk to any of their own witnesses without Baez breathing down their neck and questioning them as well. And, as noted in the motion, there is no accounting for ammended or supplemental witness lists filed by the state. In effect, the state can't speak to anyone without Baez present.

    The original intent of the rule of law "serves the protective purpose of preventing the state from driving an unfair wedge between defense counsel and its key witnesses, through ex parte examination, during sensitive pretrial stages." Baez is attempting to use this rule as a "sword" instead of the "shield" it was meant to be.

    Link to case cited in the state's motion:
    http://www.law.fsu.edu/library/flsup...4/op-65694.pdf
    (bottom of page 10 to page 12 for relevant part)

    The judge will approve the state's motion and strike that part of the state's witness list, imo. It's a dirty trick. Baez should have known the state wouldn't let that witness list go unchallenged. He really is stupid.


  9. #9
    Join Date
    Sep 2008
    Posts
    565
    Did JB really pass a bar? Or/did he stumble into one?

    Seriously, is it customary for a defense attorney, especially in a murder case, sit back and wait for the prosecution do all the work for him? I followed the OL trial closely and never saw the likes of such.

  10. #10
    Join Date
    Jul 2008
    Posts
    1,061
    Jose says he's doing the best he knows how.

    I don't have confidence in him, and I think Casey is very much ignorant of the law and doesn't know any better. JB to her is a lawyer (impressive) and he is one of the few people she sees. He is her savior.

    Jose. He's preparing for a major murder trial, and yet he's teaching a class, which means he has to prepare for that. All these bogus vanity (his) motions he's filing. How does he, or his firm, have time to take care of his paying customers?
    As I received information, and relayed it to the defendant after her arrest, she continued to claim ignorance and at times, laughed at the situation. She still failed to show any outward signs of remorse or concern for her missing two year old daughter.
    --Yuri Melich, arrest warrant, July 16, 2008


  11. #11
    Join Date
    Dec 2007
    Posts
    7,762
    I thought Baez had brought in more experienced attorneys to help with this case because he was not qualified. What happened to them? Did they disappear when the death penalty was taken off the table?

  12. #12
    Join Date
    Aug 2008
    Posts
    2,431
    Quote Originally Posted by Chilly Willy View Post
    I thought Baez had brought in more experienced attorneys to help with this case because he was not qualified. What happened to them? Did they disappear when the death penalty was taken off the table?
    I think one or two of them did!

  13. #13
    Join Date
    Dec 2008
    Posts
    740
    Quote Originally Posted by Marina2 View Post
    From my reading, the real issue is this:

    From the state's motion:

    "As noted in Dufour v. State. 495 So.2d 154 (Fla. 1986), the listing of witnesses by the defendant limits the prosecution's plenary power to subpoena witnesses and take ex parte testimony as to any violation of the criminal law within its jurisdiction (citing AbleBuilders Sanitation Co. v. State. 368 So.2d 1340 (Fla. 3d DCA), dismissed 373 So.2d 461(1979) and Florida Statute 27.04.)"

    Apparently, after the defense provides a witness list to the state the state can't interview anyone on it without giving the defense notice and allowing them to attend the interview and examine the witness. If the state does so without notifying the defense and allowing attendence, the witness testimony can be excluded from trial or the whole indictment thrown out.

    By listing the entire state's witness list, the state can't talk to any of their own witnesses without Baez breathing down their neck and questioning them as well. And, as noted in the motion, there is no accounting for ammended or supplemental witness lists filed by the state. In effect, the state can't speak to anyone without Baez present.

    The original intent of the rule of law "serves the protective purpose of preventing the state from driving an unfair wedge between defense counsel and its key witnesses, through ex parte examination, during sensitive pretrial stages." Baez is attempting to use this rule as a "sword" instead of the "shield" it was meant to be.

    Link to case cited in the state's motion:
    http://www.law.fsu.edu/library/flsup...4/op-65694.pdf
    (bottom of page 10 to page 12 for relevant part)

    The judge will approve the state's motion and strike that part of the state's witness list, imo. It's a dirty trick. Baez should have known the state wouldn't let that witness list go unchallenged. He really is stupid.
    It was a good try though.

  14. #14
    Join Date
    Oct 2004
    Location
    Illinois
    Posts
    1,531
    Quote Originally Posted by Chilly Willy View Post
    I thought Baez had brought in more experienced attorneys to help with this case because he was not qualified. What happened to them? Did they disappear when the death penalty was taken off the table?
    That is what I was just thinking too...where is LKB? Is she just sitting back waiting for JB to flub it all so there may be grounds for appeal due to ineffective council? Surely that can't fly in any court of law.

  15. #15
    Join Date
    Aug 2008
    Posts
    4,146
    I know people will hate me for saying this, but I have to say it!....

    In my opinion, this is ridiculous. Sure, JB is inexperienced, and perhaps not very clever. But there is no way the Judge is not going to allow JB to rectify this, and IMO, it's a waste of court time and money for it to be argued. Why wouldn't the SA just pick up the phone and say "hey, I noticed you haven't amended your witness list to take into account our new witness list...I think you ought to get that done." Thousands of dollars and court time saved.

    A good prosecutor doesn't take advantage of a defence lawyer's inexperience...they should be just as concerned that the accused gets a fair trial, after all, they work for the State.

Page 1 of 4 1 2 3 ... LastLast


Similar Threads

  1. Defense Witness List
    By Celt1997 in forum Caylee Anthony 2 years old
    Replies: 727
    Last Post: 06-13-2011, 02:58 AM
  2. Replies: 108
    Last Post: 04-02-2011, 01:43 AM
  3. 2010.07.01 Defense Releases Expert Witness List
    By Sparky in forum Caylee Anthony 2 years old
    Replies: 91
    Last Post: 09-30-2010, 03:05 PM
  4. 2010.09.15 - Unopposed Motion for Certificate for out of State Witness
    By karen302 in forum Caylee Anthony 2 years old
    Replies: 9
    Last Post: 09-16-2010, 04:42 PM
  5. State Witness List
    By JayBee1940 in forum Caylee Anthony 2 years old
    Replies: 1
    Last Post: 11-19-2008, 02:21 PM