2010.12.22 Prosecutors Call for Sanctions Against the Defense

[Sparky]

This is interesting. It hasn't even been filed with the clerks office yet.

 

[angelmom]

Okay, I'm to the point where I feel like I need my tin foil hat now, but is it possible...

...this is crazy...

...but is it possible that these experts don't have diddly or will testify against Casey's interest and Baez is hoping to have them disallowed from testifying to keep them away from the trial?

Sorry, I'll rejoin everyone in reality now. I just had to get that out of my brain.

 

[sleutherontheside]

I also must say that I am impressed that Mr. Nejame never officially filed for sanctions.

JB offered TES volunteers up as a sacrificial herd of lambs. He failed to view TES records docs in a timely manner citing difficulties and lack of cooperation from TES counsel. From what we have seen, these docs were at the ready for quite some time and JB failed to take time to examine them.

Mr. Nejame has been VERY patient and forgiving. Whereas he certainly had grounds to file for sanctions after having to take time to respond to JB's motions regarding TES's "failure to provide records" and to appear in court on those motions, he chose to take the high road.

Mr. Nejame knew this was not HIS fight. He carried on and left the "fight" to the State of Florida. A class act IMO.

 

[wonders]

Will we be able to watch Baez get what he deserves or will it be in chambers?

 

[The World According]

go to minute o1: 20 mark This is Jose Baez arguing how unfair and inappropriate it is that HE is getting delayed, improper things that do not compy with the judge's orders. He can't take it but he sure can dish it out. His own words should be read back to him at the hearing. I kid you not.


Baez literally says it looks like the State is putting up a "scam".
In this hearing, check out Baez complaining, big time, about the state not providing him with what was asked for...and in this instance it is about him being given tips in a different order than he would have liked. He is outraged. Imagine that, and now the irony is rich.... he demands folks be made to go along with the rules. "It is just ridiculous! The order was clearly written out. They ignored it. This is not what I asked for . There is gamemanship going on here and I am going to take it to the judge and let the judge decide what to do about it. What this is doing, this slow dragging effect, delaying....it is ridiculous. They force me to have to file motion after motion, motions to compel, they are slow and dragging in this discovery, I am trying to meet the trial date, this eleventh hour stuff makes me have to come in on the twelth hour with motions. We have been pushing and pressing for this information, and the state is playing games, it is a slap in the face. The state waited and waited, they then produced non conforming goods. It is nonsense, it is just nonsense! It does not fall under the pervue of the motion and what was specifically requested," Jose Baez argued to the judge, in very spirited fashion. "The client does not have an endless supply of money, it is a lot of money to be paying for something that is non conforming to what was specifically asked for", he continued. Hello, Mr. Baez...the Florida taxpayers may feel the exact same way about you wasting the State attorneys and the court's time!!
http://www.wftv.com/video/18147900/index.html


WOW!!! YOU JUST CAN'T MAKE THIS STUFF UP!!




"We don't live in Mayberry", Judge Strickland told Baez.

I'll say.

OMG , my favorite part here...Baez say; because, he has not had things in a timely manner it makes it impossible for him to have needed information to do his depositions. Hello.....sound familiar?!! "We had to stop a deposition, because we didn't have documents, so deponent didn't remember dates, etc. this wouldn't have happened if we had been given it," Baez argued to Judge Strickland Minute 01 37.00

http://www.wftv.com/video/18147900/index.html

How much more mirror version of the problem has he created here. One cannot feign ignorance when you yourself have argued these exact same points!!! WOW. You really can not make this stuff up!!!

Yes, if I were advising the defense tonight, in the words of Judge Berry, "You might want to get you some lunch".


http://www.wftv.com/video/18147900/index.html

 

[denjet]

So sorry...I thought the media had already posted it and we had it. :blushing:

I've been offline all day...this was the first thread that caught my attention. Guess it was filed late today?? I will keep checking and link it here if I find it!

I'm wondering if Jose had to read the Sentinel to find out about it? That would be so fitting ... a taste of his own medicine
I didn't see it on any of the other news sites ... hmmmm
Merry Christmas Jose and team KC and a very, very happy New Year!

:applause:

 

[ZsaZsa]

If I disobeyed a Court order I could be held in contempt of Court, right?
So, will that happen to Baez?

 

[denjet]

While this has been "a long time coming" in our opinion....the timing was not right until now.

Sure, the State Attorney had legal grounds prior to this (recall Judge Perry and Judge Strickland telling them to file for sanctions if they had issues), IMO it would have presented itself as petty and premature had it been done prior to now.

After all the gamesmanship and playing "chicken", NOW there is no time to waste, and JB's "reindeer games" are in fact impacting trial preparation.

Prior to Judge Perry's order to disclose expert witness names AND what they will testify to, JB could have simply argued...nobody told me specifically what to provide the State. Sure, any ethical, educated, professional attorney already knows what is required, but the State had not forced the Judge to "spell it out".

Once the defense received the order and THEN failed to comply, it became an issue of interfering with trial preparation, and violating discovery rules. Yes, yes rules of discovery had been skirted already........but this is now a clear cut, documented case of you are affecting trial prep.

I am not an attorney and perhaps am speaking out of my a$$, but that is my impression.

bbm

IMO, exactly right ... a whole different ballgame now ... deadlines not met by the defense are now impacting the state's ability to prepare for trial !! Let's see how many extensions Jose gets now ... I think there's a good chance Jose will be sanctioned. Let's face it, he's been asking for it for 2 years but the timing is just right for it now !! :woohoo:

 

[ThinkTank]

I must find the video but I recall Judge Perry saying "I believe in sanctions".
Jeff Ashton .....way to go...spot on!! It was absolutely outrageous and spitting in the face of the judge the filing that Baez and Mason . I think the judge is going to let the defense know they WILL respect the rules, and his rulings are orders not gentle suggestions, in no uncertain terms. It was just so blatant what the defense did, it demands action. There is no alternate inference to draw.

Looking forward to it.

Mr. Ashton is right, the real threat to Casey not getting a fair trial is her lawyers pulling these dumb stunts instead of getting serious. If they miss deadlines and her experts cannot testify....who does that hurt? The defendant. It is a very serious and present problem. If Casey Anthony does not get it, that does not mean it will be lost on Judge Perry.
I do think we are going to see the judge get very concerned over this. There is nothing , absolutely nothing about the defense actions here that serve their client.

You just can't make this stuff up!!!

I remember two years ago in the very beginning of this trial, Mr. Ashton had to point out this huge problem of Casey's own lawyer harming her case. It was the gag order hearing and Mr. Ashton was pointing out that Baez had appeared on Dan Abrams show and admitted his client had lied to police and divulging attorney client talks he had with Casey. As outrageous as that was....it was merely the beginning. This surpasses all of the asenine things that we have seen so far. I literally was shocked reading the childish, nonesense typed up about the experts and what they will say. It was , hands down, the worst we have seen to date. I know the judge is going to let Baez and Cheney know it will not fly.
They better "Bring them some lunch"; because they are gonna be seeing some late nights with the judge. That is my take on this. He has been patient and reasonale, extending deadlines where needed, etc., but this is wholly different, this was purposeful and with utter and complete disrespect to the court.

Mops, anyone?
Check it out...it got hostile. At that time Jonathan Kassan was her lawyer too ( another one in the revolving door ). Even the mild mannered Judge Strickland got loud.

http://www.wftv.com/video/18147900/index.html two minute mark

Baez handed Ashton 150 pages of stuff, at the hearing!!!! Of course he did not have time to read it. Then he objected to Jeff supplying the court with three papers. Oh friends, this one was heated!!! Can you imagine the field day Jeff is going to have with the defense in this coming hearing?
OK...Muzikman...cue up for me...the Gap Band
"You Dropped A Bomb On Me"!!!!

This was from 2008 and it was clear then, Baez was making some very very serious misteps.Some chalked it up to his inexperience. Now, with the learned Cheney by his side, Baez cannot in the words of Jeff Ashton, "Feign ignorance". There is no chance Cheney Mason with over thirty years of trial experience did not know theire recent experts information filing was improper and unacceptable. I just do not believe for a second it wasn't willful deliborate disrespect to the court. MOO

Remember when Mrs. Drane Burdick advised the court that Cheney Mason's office said the court's deadlines were unconstitutional and they would schedule their depos whenever they like. Judge folded his arms and said "I don't think they said that", as if to imply....I know these guys could not have lost their damn minds. It was funny. Look for more of those eyebrow raising looks from the judge over this.

http://www.myfoxorlando.com/dpp/news/anthony_case/070210-Baez-Casey-Anthony-jail-letters

Baez questions release of 5,000 pages of jail house letters
Updated: Monday, 05 Jul 2010, 10:06 AM EDT

excerpt:
Judge Perry reminded Baez that the public record laws are wide open in Florida, but said both sides need to play by the rules set by his court.
clip
Have you filed a motion for sanctions?" asked Perry. "Only on one occasion," Baez said with hesitation,"No, I have not."
clip
Baez acknowledged that jail personnel have the privilege and obligation to review jail letters, but contended that the motive behind the release of the letters was questionable. He also argued that the State is not communicating effectively which documents would be released according to deadlines set forth by Judge Perry.

Judge Perry noted that, "If there are violations of the rules, I believe in sanctioning people."

 

[beach]

Something just dawned on me! :idea:

Again...the timing...

Wasn't JA supposed to depose Dr. Fairgrieve yesterday? Or was it Dr. Bock? I am wondering if during that depo JA didn't discover while deposing the witness a few surprises and docs/info that the defense did not turn over to comply with Judge Perry's order. whooweee! I want to see that motion!

 

[ThinkTank]

Something just dawned on me! :idea:

Again...the timing...

Wasn't JA supposed to depose Dr. Fairgrieve yesterday? Or was it Dr. Bock? I am wondering if during that depo JA didn't discover while deposing the witness a few surprises and docs/info that the defense did not turn over to comply with Judge Perry's order. whooweee! I want to see that motion!

Dr. Jane Bock deposition was yesterday Dec 21st at 12:00pm by Skype.
Dr Frairgrieve was last Thursday, Dec 16, 2010 at 9:00am by Skype.
Dr. Huntington deposition is Dec 28th at 1:00pm by Skype.

 

[denjet]

I can't help but wonder if JB "secretly" wanted to delay the SA from being able to take effective depositions by the deadline so that they would be forced to ask for more time.

JB strikes me as a "tit for tat" kind of fellow and wouldn't he like to be able to ask for more time for depos after the State gets more time??

Hmmmmmmmmm

Oh, Jose definitely thought he could "muck up" justice and trip up the SA causing them to require extensions on deadlines ... which of course would get Jose more time to ... screw around and delay the inevitable
It DOES make one wonder WTH Mason is doing. HE'S the experienced DP lawyer .. why isn't he advising Jose?

I liked how Ashton said, at the hearing to clarify the previous order, if they can't get the defense's experts reports/information they need to do depos that they will "soldier on" and get it done through the depos ...
It just showed how seriously the SAs take the deadlines and trial schedule and by comparison, how the defense doesn't take them seriously at all and thinks it being a DP case that they can have free reign and extra privileges ...

Sounds like the leniency is ending and Judge Perry WILL keep the trial on track ... YAY

 

[sirensong]

I also wish he would be sanctioned for passing letters to and from the Anthony's! Also, God only knows what he shows CA on his computer. I am so mad he has gotten away with this, along with his inappropriate behavior with his client.

 

[sleutherontheside]

This motion for sanctions (IMO) = the SA saying....

"We've played nicely, we've given you the benefit of the doubt, we've erred on the side of caution, we've encouraged you to get on the right page, we've allowed a few mutually beneficial sparring matches in the courtroom, we've risen above your self aggrandizing soundbites, and we've ignored your... feather fluffing....chest thrusting....and tight boots strutting peacock display...BUT.... you have failed to recognize that this is no longer a playground sandbox. In Andrea's words and those echoed by HHJP....death is different. So put down the pail and shovel and get your arse to work!!!

 

[beach]

Dr. Jane Bock deposition was yesterday Dec 21st at 12:00pm by Skype.
Dr Frairgrieve was last Thursday, Dec 16, 2010 at 9:00am by Skype.
Dr. Huntington deposition is Dec 28th at 1:00pm by Skype.

Makes me even more suspicious of the timing of his motion. I think JA discovered some stuff during those 2 depos. Stuff that should have been turned over and/or clarified per HHJP's order.


eta: It just makes sense to me. I think Baez deliberately attempted to mislead the SA. If JA felt sandbagged and blindsided by something he was not expecting and felt unprepared for, he would be PO'd to the max. And from the snippets I have seen, he sounds pretty fed up.

 

[denjet]

Will we be able to watch Baez get what he deserves or will it be in chambers?

I sure hope it's in open court ... enough with the in chambers BS
IMO, there is nothing sensitive that needs to be kept from the public about the State's motion and the Judge's ruling will be filed with the clerk anyway. I think something this important to the case will definitely be addressed in open court ...

 

[denjet]

Makes me even more suspicious of the timing of his motion. I think JA discovered some stuff during those 2 depos. Stuff that should have been turned over and/or clarified per HHJP's order.


eta: It just makes sense to me. I think Baez deliberately attempted to mislead the SA. If JA felt sandbagged and blindsided by something he was not expecting and felt unprepared for, he would be PO'd to the max. And from the snippets I have seen, he sounds pretty fed up.

hmmm ... I think you may just be right ... like discovery that JB has had for some time and has not turned over? Wasn't Boch's report to JB dated September 2010, prior to JB stating in open court that he had NO reports from any of his witnesses that have been submitted ... or something like that which made me wonder what JB's definition of being submitted was ...

It DOES sound like JA has the ammunition to go after JB and a very good chance the judge will agree ...

 

[suepitzl]

Go Ashton!!

 

[cyberborg]

Oh, Jose definitely thought he could "muck up" justice and trip up the SA causing them to require extensions on deadlines ... which of course would get Jose more time to ... screw around and delay the inevitable
It DOES make one wonder WTH Mason is doing. HE'S the experienced DP lawyer .. why isn't he advising Jose?

I liked how Ashton said, at the hearing to clarify the previous order, if they can't get the defense's experts reports/information they need to do depos that they will "soldier on" and get it done through the depos ...
It just showed how seriously the SAs take the deadlines and trial schedule and by comparison, how the defense doesn't take them seriously at all and thinks it being a DP case that they can have free reign and extra privileges ...

Sounds like the leniency is ending and Judge Perry WILL keep the trial on track ... YAY

BBM.

IMO While CM could be a part of the solution, being the veteran experienced DP-qualified attorney ... I fear that he is actually a part of the problem.

As we know, CM is about to retire and has already made statements to the effect that this trial will be 'fun' (???) ... I think with JB wanting the Lead that CM is just playing along ... literally.

CM is having some pre-retirement fun and buys JB some latitude with HHJP since CM is a member of the 'old boys club' in his Golden years.

CM knows better and can do better but he is playing with the Legal system because there is little to lose and everything to gain in this case. He is the Joker, a Wild card.

If they can trip up or throw the SA off their game then they might just get a technicality issue or two and/or a mistrial. He is stealthily throwing the wrenches into the works .....

 

[logicalgirl]

This motion for sanctions (IMO) = the SA saying....

"We've played nicely, we've given you the benefit of the doubt, we've erred on the side of caution, we've encouraged you to get on the right page, we've allowed a few mutually beneficial sparring matches in the courtroom, we've risen above your self aggrandizing soundbites, and we've ignored your... feather fluffing....chest thrusting....and tight boots strutting peacock display...BUT.... you have failed to recognize that this is no longer a playground sandbox. In Andrea's words and those echoed by HHJP....death is different. So put down the pail and shovel and get your arse to work!!!

"Oh it's starting to feel a lot Liiiiikkkkkeee Christmas - falalalala la la la...."