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I really like this judge and I do not want him to step down. His record is impressive and he is above reproach imo. If he does, I expect it to be immediately.
Clearly the defense wants to deflect attention away from the civil trial looming, Jose passing letters in jail, Todd putting 70K in the trust account, and they are totally let down that the TES records request was denied. I trust they know more bar complaints have been or will be filed against members of the team.
The bad facts of the case remain regardless of who sits at the defense table, or what motions they file.
Once the TES comprehensive 4K records got shot down, I knew the defense was going to try something , desperate even; because, that shoots down what looked like their last hope, to help the jury infer the body was put there after Casey was jailed.
Some of what they argued in their motion can be rejected straight away, because it is too remote in time. For example they brought up that the judge filed a bar complaint against Jose. Now that is when I thought they could have asked for him to step down. That was sooooo long ago and all we heard from the defense was crickets. My understanding is that they have a finite amount of time to ask for the judge to step down within 30 days ( or possibly even less time) from the time of the alleged offense. The same is true for their arguments over the judge saying "The truth and Miss Anthony are strangers". That was what... two years ago?
So them mentioning those things in their motion, is the epitome of moot,imo.
Mr. Cheney inadvertently using his older rather than new notary stamp, I do not expect to have any consequence, whatsoever. The important thing to focus on in Mr. Sheaffer's remarks, imo, is that this would simply mean the defense will be asked to correct that, and refile. The cure for this error would be simple and swift. Indeed I would expect that a corrected document would be filed this morning by the defense.
The judge has even let lawyers speak in open court when their pro hac vice documents are not even filed of record yes, so I do not think he will hang his hat on this small , easily remedied mistake.
In fact thinking of this pro hac vice reminds me just how very courteous, overly generous and patient the judge has been with the defense. The next judge should there be one, will not afford them these extensive measures is my guess. This really was the biggest mistake they could have made. No matter how it pans out...the defense is now going to have to step up and be prepared and professional. Wont that be a neat trick?!
