2011.01.03 - Motions Hearing (Summary Thread)

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So in reality HHJP gave JB & crew nine days? But the sanctions start.... on the original due date? Wednesday? or 7 days from Wednesday?

I'm missing how this is giving JB more rope? Is he still unlikely to be finished and will then face more sanctions or more extensions?

Sorry we're having power issues today so I missed the hearing.

I think he effectively gave JB 9 days, by delaying filing it for a day. Basically today and tomorrow are freebies to give him a chance to talk to his experts. At least that is how I took it.
 
So in reality HHJP gave JB & crew nine days? But the sanctions start.... on the original due date? Wednesday? or 7 days from Wednesday?

I'm missing how this is giving JB more rope? Is he still unlikely to be finished and will then face more sanctions or more extensions?

Sorry we're having power issues today so I missed the hearing.

I just relistened and the judge specifically said 7 days 'from the date of the order'.

MOO
 
The sanctions are for the actual court time so they aren't going to be affected by how long it takes to file for JB or if he is late. HHJP threated that JA suggestion was the next step...
 
As a rehash for today -

The restriction on telephoto and audio was kept as previously ordered with the attorneys reminded to turn off their mikes. HHJP offered the table across the courtroom with the defense backs to the wall and CM said they would take that table.

HHJP said he would pay for the transcripts (approx $2500) which is $860.70 over JAC guidelines but told CM to get a contract next time before getting the depositions

HHJP is ordering on the motion for Kronk as it is filed. HHJP brought up Hitchcock v. State and Prof 'earhardt' (sp?) as the attornies would already knew how he would rule.

HHJP is waiting for 15 days (state to respond) on the following and then will write the order (no addl hearing):

Sexual interrogation of Lazarro
Sexual Interrogation of Rosciano
Neighbor and Shovel
Character Evidence of Stealing and Lying
Tattoo
Defendant MySpace "Diary of Days'
Cindy Anthony MySpace

The state agreed and the defense was granted the following motions:

Speculation of Defandant knowledge by TES
Table Knife
JibJab Cartoon

Frye hearings will be held on:

Decomposition Chemical
Chloroform
Root Growth
Post Mortem Banding
Stain in trunk of Car

evidentiary hearings will be held on:

Jail Interview of Defendant by Agents
Jail Video of 'announcement'
Joe Jordan
K-9 Alerts (must establish dogs have appropriate training)
motion to preclude phantom hear sticker

And last but not least I don't know where they left the Universal Interview that CM added this morning - I think the state was given the 15 days to respond but not sure.

IMO this hearing was a doosie and needs to be watched several times as there are a myriad of subtelties that many have already alluded to (Curtis Jackson, try it 2 times, etc).

MOO - please correct my list if I got something wrong!!
 
Thanks very much FF and EM!
 
Not quite. JB was hemming and hawing about the amount of time to get the reports. HHJP has ruled 7 days, but in a gesture to JB (and to basically give him even more rope to further hang himself) he will not be filing his order until Wednesday morning, so the 7 days will start then. This gives JB enough time to contact his experts and let HHJP know if there is a problem before he files the order. He will make any decisions on whether or not JB gets a couple more days for a specific witness based on that (but no way is he getting 30 days)

Thanks for the clarification Faefrost. I didn't catch all the judge said and this Wednesday sounded too soon to me. JB is going to have to switch into high gear if he expects to keep up with all the deadlines that are being imposed. I have no doubt that JP is going to keep JB on his toes. Wonder if JB is wishing Judge Strickland was still in charge?
 
So nothing was actually ruled on today? What was the actual point of the hearing?

There were a few things agreed on between the state and defense, and a few things ruled on.

The issue of the photography in the courtroom was settled. Orlando Sentinal's attorney addressed the issue and said that their photographer, Red Huber, has always respected the privacy of attorney/client and the picture the defense was upset about wasn't a problem as you can't read the document Casey is holding in her hand. JP said if the defense is that concerned about someone in the gallery reading over their shoulder, the defense can us the table against the side wall where there's no one behind them.

The defense complained about the open microphones, and the judge explained that there's an on/off switch.....leave it off until you need to have your voice amplified.

It was clear to me that the state is planning on addressing a number of the motions the defense has made, and there's going to be another hearing set to hear those motions.
 
Regarding all the motions that the state has 15 days to respond, Judge Perry said something like he would rule on them after reading the response without needing a hearing. Does anyone else remember this or am I confused?

ETA: nevermind, eaglemom covered it in her post. Thanks Eaglemom!
 
Regarding all the motions that the state has 15 days to respond, Judge Perry said something like he would rule on them after reading the response without needing a hearing. Does anyone else remember this or am I confused?

ETA: nevermind, eaglemom covered it in her post. Thanks Eaglemom!

Yes, I recall the Judge asking the Defense if they would still need a hearing but couldn't make out the reply.
 
Regarding all the motions that the state has 15 days to respond, Judge Perry said something like he would rule on them after reading the response without needing a hearing. Does anyone else remember this or am I confused?

ETA: nevermind, eaglemom covered it in her post. Thanks Eaglemom!

I remember what you remember Dear Prudence. There are some he will rule on without a hearing.
 
Thanks friends for this thread!!! When I saw the other thread had over 1,200+ posts, I knew I wouldn't be able to find the rulings. *faint* Thanks for starting this thread!!!

May I ask what the motion was regarding TES? Thanks!
 
Thanks friends for this thread!!! When I saw the other thread had over 1,200+ posts, I knew I wouldn't be able to find the rulings. *faint* Thanks for starting this thread!!!

May I ask what the motion was regarding TES? Thanks!

The motion wasn't so much TES as it was Tim Miller related. The defense wanted it stipulated that TM could not voice opinion on the stand when discussing the interactions with KC concerning the map. The prosecutor did not challenge the motion and basically stated that they had no intention of soliciting opinions from witnesses and would be following standard rules of testimony as always. yeah the defense won it, but they won it in the same way they won the kinife motion and the JibJab video. the prosecutors said "sure! we don't know why anyone would bring that in at trial anyway?" So the defense won them in much the same way they would have won a motion filed to prohibit the prosecutors from "juggling live cats in front of the jury as being too prejudicial". they staged a fight and nobody else showed up.
 
Chiquita, to make it short, the defense asked the state to be restrained from doing things that they would never do, would never have been allowed to, things that are well settled to be outside of the rules, the rules these prosecutors have worked under for low the past twenty years. It was a waste of the court's time to bring up matters such as Joy's cartoons and asking that they not be allowed into trial.
Check out Mrs. Drane-Burdick in action, she knows how to get what she needs from a witness, well within the rules.[ame]http://www.youtube.com/watch?v=TUOKwVgEAy8[/ame]

The second part is they asked for hearings on other matters, the state is going to file simple responses, the judge need not hear any testimony, he is simply going to make a quick ruling on them, much the way it took him two seconds to laugh and shoot down the Kronk prior bad acts motion. Roy Kronk and his lawyer already celebrated this victory. Last week!


Again, trying to reinvent the wheel they asked for Frye hearings on the cadaver dogs. Reminded that is not required, it is indeed admissible. They were explained to the difference in evidentiary hearings and frye hearings. Three times. [ame]http://www.youtube.com/watch?v=gWMuJ5oZx34[/ame]

Jose got assigned to be designated microphone engineer at the defense table.

Cheney tried to argue that the media is using special lenses to zoom in. He was basically told life is tough, get a helmet. Ms. Fugate was back home in time for dinner with her family.

Wrong on the facts again, Cheney filed a motion saying Casey was under arrest and taken to Universal therefore her statements to the detectives should not be allowed in the trial. This is despite written and full audio recordings reflect she was told repeatedly she was free to go, and her admitting they were there at her invitation, and .....because she lied. Literally. [ame]http://www.youtube.com/watch?v=Y_SyH8-6Pho[/ame] Cheney wants a hearing and to call the three detectives to the stand. Oh boy oh boy, will that be a disaster for Casey, of biblical proportions to bring that to the judge's attention again, all the lies they catch her in in those audio recordings is astounding!

Cheney and Jose want mom, pop and Lee deemed to be agents of the state.
[ame]http://www.youtube.com/watch?v=xCpCinUYFwY[/ame]
[ame]http://www.youtube.com/watch?v=wYYpdaTK7KQ[/ame]
Yeah, they were really working for the state, that ship wont sail, I do not care how outraged Geraldo Rivera got that they went to visit their daughter while Jose was out of town! [ame]http://www.youtube.com/watch?v=4oGQ1-otlD0[/ame]

Baez was sanctioned for his smart Alec, asenine non response answers to the experts discovery the judge ordered, then clarified already. Cheney barely even argued against the sanctions as if to say I am as shocked about this as you are, your honor. He informed the court that in forty years of practicing law he had never been sanctioned and was not going to start today. This explains the fact that he pointed out, often, it was he that prepared these motions and how purposeful he was at taking a lead position. The inference I drew was, alright...now this is harming me personally, so I am taking over, Jose...as to his thought process. I am just guessing.

Let me remind us the Florida bar's opinion on the little matter of Mr. Baez,
"His overall behavior, they wrote, showed "a total lack of respect for the rights of others and a total lack of respect for the legal system, which is absolutely inconsistent with the character and fitness qualities required of those seeking to be afforded the highest position of trust and confidence recognized by our system of law."


The best news out of the long hearing is the defense was ordered that each and every defense expert will prepare a report and explain the reason for every single thing they opine. Moreover, if it is not divulged in their depo or these reports, they will not be bringing it up, at all, at the trial. The very thing the defense maintained they are not required to do, give a script of what they are going to testify to, Mason called it.....that is what the judge ordered. It was a cokes are in the ice box, popcorn is on the table....we are having a party moment.

If they still don't follow the court orders the judge may excersize Mr. Ashton's suggestion of fining them five hundred dollars a day until they do. Yes, American dollars.
The state got the sun, the moon and the stars and the defense
well,
they got spanked.
 
And no one will ever type "LOL!" again without :lol:.


Cheney Mason thought it meant "lots of luck". :rolleyes:

oooh, that one has lasted me the past 8 hours and it ain't going away anytime soon.
 
OK I am not sure what thread this would actually go under. These experts that suddenly have to write these reports in under a week in order to save JB's bacon... why would they be doing this? or rather how are they going to get paid? Would these reports be considered pre-approved items (part of the experts budgeted hours) that JB and company just need to submit invoices for? or do you think JB will come slithering his way back to the HHJP and the JAC claiming that they need more money to get these reports written "yadda yadda yadda"? and if they do take that approach how does that impact the 7 day deadline?
 
Yeah, but do the prosecutors have to even schedule a deposition without the court ordered discovery? So if they don't get the report, do they not do the deposition? And if so is there then nothing the expert can say at trial?

I recall JA telling of which ones were upcoming and one he was going to now reschedule.

I think he has been holding off as long as possible, but if my memory is correct he knows the judge has set a date for these to be done and he is PO (thus the sanctions request today) that JB is trying to make it impossible for him to respect the judges timeline.
 
He said gag order would be placed on the lawyers if he told them early where the trial would be held.
 
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