2010.07.01- Motion for Emergency Hearing

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9th Judicial Circuit
JUDGE BELVIN PERRY, JR. / DIVISION 02
------------------- Schedule for Friday, July 02, 2010 -------------------

1:30 pm 1 hr Case: 48-2008-CF-15606-O- Motion: DEFENDANT'S EMERGENCY MOTION TO APPOINT SPECIAL MAGISTRATE DURING INSPECTION OF DISCOVERY WITH EXPERT WITNESSES

STATE OF FLORIDA
LINDA DRANE-BURDICK
vs.
CASEY MARIE ANTHONY
JOSE BAEZ

Notes: COURTROOM 23A

http://www.ninja9.org/jacsatt/attdocketframe.asp (ciminal division 99)
 
Wow, you guys are fast! I just got a text about this and it is already on WS. You guys make me proud....
 
Now what could this possibly be?:waitasec:
 
momtective said:
Now what could this possibly be?:waitasec:
Click to expand...

The defense would like a special master appointed before the depositions later in the month. They do not want the prosecution to be allowed to be at these depositions with their "expert" witnesses.
 
snipped:

Anthony's attorneys are arguing that allowing the officials from the Sheriff's Office to be present while counsel and expert witnesses inspect the items of evidence would unfairly subject statements made between counsel and the expert witnesses to discovery, creating an unfair prejudice against the defendant (Anthony) in her preparation for trial.


This will never happen. The State needs to maintain custody and control over evidence. If allowing anyone to examine it outside their presence, would compromise said evidence. Unless that is what the defense hopes to do...tamper with evidence.

Once the evidence chain of custody is broken, evidence is tossed. HHBP won't allow that to happen. And in my opinion, a ridiculous request on the part of the defense, but that is just one of many.
 
spqr said:
snipped:

Anthony's attorneys are arguing that allowing the officials from the Sheriff's Office to be present while counsel and expert witnesses inspect the items of evidence would unfairly subject statements made between counsel and the expert witnesses to discovery, creating an unfair prejudice against the defendant (Anthony) in her preparation for trial.


This will never happen. The State needs to maintain custody and control over evidence. If allowing anyone to examine it outside their presence, would compromise said evidence. Unless that is what the defense hopes to do...tamper with evidence.

Once the evidence chain of custody is broken, evidence is tossed. HHBP won't allow that to happen. And in my opinion, a ridiculous request on the part of the defense, but that is just one of many.
Click to expand...

I would not allow Dr. Lee to be alone with any evidence EVER!
 
Aw just let them take notes while being observed, no physical contact with the evidence (especially HL), and give them a private room close by to discuss and re-inspect if needed. sheeze ........ I do agree that a special master should be appointed, only to protect the SA and LE officers. Goodness knows after the TES fiasco the state will need the have a court appointed master to cover them when and if JB cries foul.......again.
 
spqr said:
snipped:

Anthony's attorneys are arguing that allowing the officials from the Sheriff's Office to be present while counsel and expert witnesses inspect the items of evidence would unfairly subject statements made between counsel and the expert witnesses to discovery, creating an unfair prejudice against the defendant (Anthony) in her preparation for trial.


This will never happen. The State needs to maintain custody and control over evidence. If allowing anyone to examine it outside their presence, would compromise said evidence. Unless that is what the defense hopes to do...tamper with evidence.

Once the evidence chain of custody is broken, evidence is tossed. HHBP won't allow that to happen. And in my opinion, a ridiculous request on the part of the defense, but that is just one of many.
Click to expand...

The Special Master, often a judge, is someone who would maintain the integrity of the evidence chain of custody and control, while not subjecting the defense members to direct observation by LE. Not in and of itself an unreasonable request for certain types of evidence. Especially if it is just for 2 days.

BUT

I predict HHJP is going to go b@tsh@t on the defense over this sudden "emergency" motion, with insufficient time for the SA to even properly generate a response. What exactly is the reason this needs an emergency determination? Why was it not included with other more normal motions and proceedings?
 
faefrost said:
The Special Master, often a judge, is someone who would maintain the integrity of the evidence chain of custody and control, while not subjecting the defense members to direct observation by LE. Not in and of itself an unreasonable request for certain types of evidence. Especially if it is just for 2 days.

BUT

I predict HHJP is going to go b@tsh@t on the defense over this sudden "emergency" motion, with insufficient time for the SA to even properly generate a response. What exactly is the reason this needs an emergency determination? Why was it not included with other more normal motions and proceedings?
Click to expand...

BBM: Hummmm. Wonder what HHJS is doing????
 
I am o.k. with the motion as long as it done properly to protect both sides and the chain of custody.

However, I do not understand why this is an Emergency Motion given months and months have gone by where the Defense could have set this up at their leisure.

Is this hype to get the attention of the general public and suggest they have something significant? = Propaganda.
 
nums24 said:
the defense would like a special master appointed before the depositions later in the month. They do not want the prosecution to be allowed to be at these depositions with their "expert" witnesses.
Click to expand...

hahahahahahahaha
 
cyberborg said:
I am o.k. with the motion as long as it done properly to protect both sides and the chain of custody.

However, I do not understand why this is an Emergency Motion given months and months have gone by where the Defense could have set this up at their leisure.

Is this hype to get the attention of the general public and suggest they have something significant? = Propaganda.
Click to expand...

My guess is had they done this earlier.....JB would have had to pay them... Also money was spent on experts that would not tell JB what he wanted to hear.. ... JMO ;)
 
Wonder how Judge Perry is going to take to these forgotten but not misplaced "Emergency" hearings? Couldn't this just be handled through the filing of the Motion, and Judge Perry decides and Orders? Or is it common in Florida for "Emergency" hearings in a murder case? I thought they were just for domestic cases??
 
nums24 said:
I would not allow Dr. Lee to be alone with any evidence EVER!
Click to expand...

It would be hard to believe they plan to use Dr. Lee. What can he say? The car smelled like rotten pizza to me??????
 
I guess it is classified as an "Emergency" when the Defense actually finally have some straw to run with, to date they drew blanks so I guess they have an idea of something to pursue. Ooh, ooh, ooh Judge ... we got something. We got something. We need to go now but we don't want the others cheating on our homework.
 
LambChop said:
It would be hard to believe they plan to use Dr. Lee. What can he say? The car smelled like rotten pizza to me??????
Click to expand...


Well he did find 17 hairs from the car trunk, went to lunch and never came back...
 
Ooohhh boy!
 
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