It all depends on who Jose calls to the stand as an expert. God help him. This is very interesting to me, the Frye hearing on the Body Farm testing. In the recent status hearing we learned ( I inferred ) that Jose is very excited about his two experts, the Eikelenbooms, that are from outside of the US and their would be testimony about the touch DNA. Perhaps this is the approach the defense will take in the Fry hearing too......they will pull in an expert to try to counter the Body Farm and claim it is junk science. Will he or she be much like the expert they called to the stand who testified to the statistics of gender bias in charging crimes and juries. She was wholly unqualified to opine on THIS case, never having examined the case or even met the defendant. It was hard to watch.
Let's review Mr. Baez and his hiring choices
A toddler was "missing". This situation just screamed out for an expert specialized in investigating missing children. Rather than someone with those special qualifications, with a wink, a smile, a misguided very poor understanding of attorney client , agency privilege extending to him and cloudy conversation about compensation, he suedo - hired someone who had his PI license for mere months and this was his first case,
Dominic Casey.
This case required a DP qualified lawyer, he hired
Terry Lenamon . Since he did not agree with his learned suggestions they promptly parted ways without a high regard for one another. I assume this based on the various and sundry times the gentleman commented publicly as to his opinion of the case, and not just locally.
The case had garnered national and international attention, the public opinions were clearly being guided by media released information. He should have known to avoid media interviews and repeat the sentences... I do not comment on cases and we will try this in the courtroom. He decided he needed a PR firm. Alrighty then. Instead of hiring a reputable, experienced, respected firm he hires a Felon who was convicted of shaking down a reporter,
Mr. Cabott who informs the press not only does he use a fake name, but that he has three different folks all using the fake name of Todd Black. You just could NOT make that one up!!!!!
Rather than hire local counsel to help, he brings in
Todd Macaluso from another state, who donates money to the defense fund WHILE he is being investigating for fraud and possible theft/misappropriation at best of a clients money!!! WOW.
In no particular order... he hires
Dr. Henry Lee. A year and half later he gets around to having experts look at the evidence in his case. He stands in court and asks for his experts to review it, IN PRIVATE. The judge asked him would he stipulate to (agree) the chain of custody being without reproach. He said no. Judge Perry made the now famous eyebrow lift. This is nuts and bolts evidence that the Orange County Sheriff's Department is going to be required to testify that they maintained the care, custody and control of at all times. Jose asked for them
not to be present while his team had at it. On it's own, that would have lasted me well into the weekend. Trying to further his line of reasoning he explained to the judge that there indeed is ONE example in the history of American jurisprudence where this was allowed.
Guess which case he cited to the judge? Phil Spector's. The very case where his expert, Dr. Lee was found to have taken/secreted/mishandled the fingernail evidence. ( I am not certain of the term used, but it was NOT good). Out of all the experts in our entire country, why would he hire one who has this notoriety attached to him? Once he did hire him, why would he make Dr. Lee's scandal front page news again and bring the impropriety to the judge's attention during an argument for he and others to be in a room with evidence in private? It was career suicide...or something I cannot qualify. I just recall being stunned at my desk. STUNNED. I knew I liked judge Perry already. The result of this was, not only did Judge Perry order that of course the OCSD would be in the room, now the Prosecutor's office would also be in the room and IT WOULD BE VIDEO TAPED.
Knowing that he had claiming half of the money Casey has from the victim's photos for himself, he hires on a lawyer from Chicago with the knowledge that this trial will be protracted for two to three years and she too will wind up paying to work this case since the money for costs will quickly run out. There are hundreds of lawyers in his own state that would have jumped on this case, so why set yourself up for a situation that is inevitably finite when you need one that is perpetual? I put it that way; because, imo he did not foresee having to declare Casey indigent. Even if he had, since
Andrea came on pro bono, pro bono she would have to remain and her travel expenses was not ever going to be paid by the state of Florida. We'll come back to her.
The very first opportunity he has to call an expert witness in this DEATH PENALTY case, who does he hire? He hired a professor who writes about research, that admittedly has never once familiarized herself with this particular case and whose general information is wholly irrelevant. It was..... so much so, that although she was a surprise witness, Mr. Ashton turned down the judge's offer for a continuance so he could have the normal time to look into her bona fides, etc. and properly prepare to cross examine her. Indeed he made short order of exposing her complete and utter incapacity to opine on anything relevant to THIS CASE with any authority, real or imagined. She left the stand with a what do you want from me look that my grandmother has when I tell her I can show her how she could Skype her relatives in England. You know, the same look we all had watching her, wondering where did they get her, and why. I don't blame her, of course. I blame him.
Having searched the world over for a Perry Mason, the best he could find was
Cheney Mason, Jose Baez announced as he introduced them to his new co counsel. Busy detailing his number of years as a lawyer for us, often, he never bothers to review the file and makes several public statements that are contrary to what the defense in this case has maintained as their mantra for two years now. My personal favorite was on the courthouse steps, the first day Cheney had little brother away at a conference and could enjoy the limelight on himself only. He tells the reporters the exact opposite of what Jose, Andrea and Todd had been screaming from the rooftops. All along they maintained that the body could not have been missed; because, THE AREA WAS DRY, searched repeatedly and little Caylee simply was not there until Casey was jailed. Mr. Mason, focused on belittling Kathi Belich, blurts out in a boast that indeed that is incorrect, not only was it not dry, but it
could not have been searched, at all; because, it was ....wait for it....."Impassible", due to the water levels. That was the first, but certainly not the last of the (how shall I put this)...interesting , conflicting things Mr. Mason has brought to the team.
IMO, it was Mr. Mason's bright idea to ask Judge Strickland to step aside. That judge who has a clear history of NEVER imposing the death penalty and who had been very, VERY patient with the defense. He was far friendlier to their nonsense than who they got in exchange. They took a guy off who likely would not have imposed the death penalty. Even if the jury recommended it, I surmise, he would have changed it to life...based on his record. In his stead, Jose got a man that not only has imposed the death penalty but who has personally gone to one of the executions and will be very, very tough and no nonsense with the defense.
Be careful what you wish for, and who you hire, Jose.
Furthermore, under Mr. Mason's wise watch, who does Baez part company with? Andrea, (you know... the one who taught him how to prepare a motion, or at least align the margins ) a woman who very likely could have saved his clients life in the punishment phase. Her persona aside, one cannot discount her success record in appealing to a jury to spare her clients life. She could have had as much if not more success with that endeavor with anyone they could possibly find to pinch hit. What the hell were they thinking? In a case as desperate as this, you put the hubris away, and personal like or dislike aside and you do not let someone as valuable to your efforts as Andrea Lyon go. You just don't. This decision I draw a straight line back to the decision to hire on Cheney. I could tell in the first five seconds of how he was in the hearing when he referred to Mr. Ashton as "Ignorant", that he was going to want to bring in his team, and he would want the others gone, like yesterday, he would want to be in charge.
Here we are with arguably the case of the century. I do believe Cheney when he says experts are calling them to volunteer. One could not buy the advertising that this case would give them, no question. Knowing THIS JUDGE, with the entire United States of Americas experts to choose from, Jose decides to hire some folks from Finland. How does Charlie Brown sigh? "Good Grief!"
I am looking forward to the Fry hearing, just to see who the defense will call to the stand.
I like to review RESULTS. Based on the results of his hiring so far.....I think of Betty Davis telling her friends "Buckle up, we're in for a bumpy ride".
You just can't make this stuff up!!!!
[ame]http://www.youtube.com/watch?v=rUY9h0ZnKZA[/ame]
Cheney Mason called Mr. Jeff Ashton "Ignorant" in open court. That was our first clue about Mr. Mason.
four minute mark , Jose "I have paid investigators on this case, but it was very little".
Mr. George, "Who paid for
Ms. Lyon to get her today?"
Andrea, " I did, I thought I was clear...there is no money, not a dime!"
Judge Strickland asking about
Todd Malcalusco "He contributed seventy thousand dollars, contingent upon him being part of the team?"
Speaking of
Dr. Lee here,five minute mark
[ame]http://www.youtube.com/watch?v=KC0Xtr917ZY[/ame]
Judge Strickland is explaining to Mason, there are caps for experts to which Cheney replies Dr. Lee told him once he has worked for a crate of oranges.
Also "We have lots of experts and lawyers volunteering their time to help us, pro bono".
I am guessing Mr. Mason will have some of these volunteers at the Frye hearing.
The Frye hearing will depend on who Jose hires to testify.
MOO ( my opinion only and I certainly do not mean any offense to the professor who testified at the gender bias death penalty motion, I assume she was called up on the fly)
http://www.wftv.com/news/25001357/detail.html
note the first line in this article "The new lawyers seem to thrive in the spotlight. One has a book out and another was the subject of an Oscar-winning documentary."
