A QUESTION for lawyers: If Casey admitted things to her attorney

[cjm11]

Does anyone remember a case in Dayton, OH where a girl was missing. They finally found the man who was convicted of hitting the girl with his car and then hid her body. It seems that even after this man died, the attorney wouldn't tell the girl's family where the body was even though she knew the location? It's been a few years and I can't recall all the info or find it right away on the web.

 

[Chezhire]

I have some questions too.

IF a client tells the attorney they did commit the crime, can the attorney withdraw from the case?
If said attorney were to withdraw from the case, can they then go to LE with the confession, or, are they still and forever bound by attorney/client privilege?

ability to withdraw is usually based upon a look at various factors, including present posture of case and whether or not any deadlines are fast approaching that a withdrawal could prejudice the client's case (ex: if trial is next day, then it isn't likely to be allowed), whether or not client has given consent to the withdrawal, etc.

 

[Chezhire]

I have some questions too.

IF a client tells the attorney they did commit the crime, can the attorney withdraw from the case?
If said attorney were to withdraw from the case, can they then go to LE with the confession, or, are they still and forever bound by attorney/client privilege?

see my above link - A/C privilege extends until death (even posthumously, in some cases) so no, withdrawal does not allow an attorney to discuss what the prior client said.

 

[STEADFAST]

Does anyone remember a case in Dayton, OH where a girl was missing. They finally found the man who was convicted of hitting the girl with his car and then hid her body. It seems that even after this man died, the attorney wouldn't tell the girl's family where the body was even though she knew the location? It's been a few years and I can't recall all the info or find it right away on the web.

The attorney's name is Beth Lewis. The convicted man was Jan Franks, and the missing girl is Erica Baker. This went to the Ohio Supreme Court in 2003, I think, but I don't know the outcome.

Here's the link for the WS thread about Erica Baker
http://www.websleuths.com/forums/showthread.php?t=7679

 

[Chezhire]

Does anyone remember a case in Dayton, OH where a girl was missing. They finally found the man who was convicted of hitting the girl with his car and then hid her body. It seems that even after this man died, the attorney wouldn't tell the girl's family where the body was even though she knew the location? It's been a few years and I can't recall all the info or find it right away on the web.

exactly my point in my earlier posts - and different attorneys handle the issue differently. in this case, though the need for a proper burial and closure, etc., are certainly important, the attorney obviously didn't feel he could disclose the information, which illiustrates the difference re: the 2 attorneys who did disclose after watching an innocent man languish in prison 20+ years for a crime he didn't commit...

 

[donnam]

Thanks to all who addressed my questions.

 

[cjm11]

The attorney's name is Beth Lewis. The convicted man was Jan Franks, and the missing girl is Erica Baker. This went to the Ohio Supreme Court in 2003, I think, but I don't know the outcome.

Here's the link for the WS thread about Erica Baker
http://www.websleuths.com/forums/showthread.php?t=7679

That's it! I knew someone here would know what I was talking about. I'm going to that thread as soon as I get a chance. THANK YOU!

 

[bluedevil21]

Are the visits with her lawyer monitored?? I wouldn't think so but I'd thought I'd ask.

Maybe Baez needs her to talk outside of jail so their conversations will never be heard by anyone. This would be the perfect thing for him to do to guarantee their conversations are not overheard etc. I don't know just trying to brainstorm here.

IMHO, bailing her out with the consent/advice of her attorney would never happen unless it was beneficial to her in some kind of way. If this happens I will be sick, I hope they bug the house where she is staying.

a few things about attorney client privilege.

first of all, your client's interests are always first and foremost. you must withdraw from a case if your client is planning to commit a crime in the future, you know that your client’s position is frivolous, if you are impaired as represenation, if your representation would lead you to violate an ethical rule, or if you are fired.

you may withdraw when withdrawal would not have material adverse effect on client’s interest, your client’s claim/defense frivolous, your client persists in course of action that you believe is criminal or fraudulent, your client insists that you pursue conduct that is illegal or prohibited by an ethical rule, the client doesn't pay, the client uses you to perpetuate a crime/fraud, or any other other good cause.

the key here is that this crime occurred in the past. anything that casey says about it now has already been done, so it falls under client-attorney privilege or work product. if she was talking about a murder in the future, the lawyer would have an obligation to, first, withdraw, and then if possible, to alert the authorities about a crime that can be prevented.

attorney-client meetings in jail are not monitored, but they are still under time limitations like any other visitor.

 

[coltsgal]

From what I know by watching SVU

A lawyer once told his client to shut his mouth and not say anything to him, because he cannot continue to defend him with a not-guilty plea if he admits guilt. He cannot continue to put him on the stand knowing his client is lying.

 

[olive]

From an attorney perspective, Baez's involvement with Padilla makes no sense whatsoever.

 

[gitana1]

I too agree that Baez's involvment with Padilla does not make sense. Sure, his client really wants to get out of jail, and usually attorneys will fight hard for that, but we are talking about the neglect case and Baez and casey have something much more intense to worry about. I am sure it has been Baez that has stopped the visits between casey and her family. He knows they will ask tough questions or even soft questions that will lead to more incriminating statements, such as things that can easily be disproven. Think about the calls between the mistress and Scott Peterson. I really feel those calls sunk his ship. Baez cannot afford to allow that to happen. If I were him, I'd rather have this type of client sit quietly in jail, without contact with others, until the neglect case was resolved, at least. She is in the best place she can be in the context of possible murder charges. I guarantee that his focus is on a murder defense. That's why I find it strange he would work with a guy like Padilla, who seems none to bright, to begin with and likes to talk. That's the last thing Baez needs. Do we know for sure that Baez is actually working with Padilla to secure casey's release? Or, could it be he is having only enough contact in order to get Padilla to go on t.v. and make statements that show that someone supports an alternate theory to murder? Because that would help casey's case. Something seems off about the whole ting to me.

 

[my2cents]

I too agree that Baez's involvment with Padilla does not make sense. Sure, his client really wants to get out of jail, and usually attorneys will fight hard for that, but we are talking about the neglect case and Baez and casey have something much more intense to worry about. I am sure it has been Baez that has stopped the visits between casey and her family. He knows they will ask tough questions or even soft questions that will lead to more incriminating statements, such as things that can easily be disproven. Think about the calls between the mistress and Scott Peterson. I really feel those calls sunk his ship. Baez cannot afford to allow that to happen. If I were him, I'd rather have this type of client sit quietly in jail, without contact with others, until the neglect case was resolved, at least. She is in the best place she can be in the context of possible murder charges. I guarantee that his focus is on a murder defense. That's why I find it strange he would work with a guy like Padilla, who seems none to bright, to begin with and likes to talk. That's the last thing Baez needs. Do we know for sure that Baez is actually working with Padilla to secure casey's release? Or, could it be he is having only enough contact in order to get Padilla to go on t.v. and make statements that show that someone supports an alternate theory to murder? Because that would help casey's case. Something seems off about the whole ting to me.

It's all quite strange. Baez doesn't strike me as the brighest attorney that she could have picked though. Honestly, I think he is in way over his head. He's only been in practice for 3 yrs. ITA, I would want her sitting right there in jail with zero contact with anyone. That's the only way to keep her mouth shut so he doesn't have to keep digging her out of an ever growing hole that her mouth (and Cindy's) keep getting her into.

 

[my2cents]

From an attorney perspective, Baez's involvement with Padilla makes no sense whatsoever.

Fox stated that the middle man was a mutual friend of both. In my opinion, someone is getting money to get their name pulled into this. This is the gravy train...whoever gets in now will get good publicity. None of these people care about Caylee. It's all about publicity and what they can get out of being associated with it :furious:

 

[LI_Mom]

Look at all the new publicity Casey/Cindy are getting for their 'Caylee was kidnapped' theory.

I wonder what part the new spokesman might have played to get this new flurry of 'pro-kidnap' theory out there..... all this started right after LE had that meeting with the media & complained about how UNHELPFUL the Anthony interviews were to the investigation to find Caylee.


What does the bounty hunter have to lose anyway....

In EITHER event he gets great publicity.

IF he bonds out Casey & she runs or kills herself.... what does HE personally lose (the girl is known to be a pathological liar so you can't blame him for being hoodwinked, can you? ) & what does Casey's family have to hand over?

 

[gitana1]

It's all quite strange. Baez doesn't strike me as the brighest attorney that she could have picked though. Honestly, I think he is in way over his head. He's only been in practice for 3 yrs. quote]

Good point. He may not be the best one for the job. But, that may be good for the public's desire to find out what happened to little Caylee. I actually think it would be very interesting to see casey out of jail, to see what she would do and say without the protection of attorney-client privilege. I really believe she will say and/or do more to incriminate herself and strengthen a possible murder charge.

 

[gitana1]

Look at all the new publicity Casey/Cindy are getting for their 'Caylee was kidnapped' theory.

I wonder what part the new spokesman might have played to get this new flurry of 'pro-kidnap' theory out there..... all this started right after LE had that meeting with the media & complained about how UNHELPFUL the Anthony interviews were to the investigation to find Caylee.

Yes! I completely agree with this. That's exactly what I think could be happening from the attorney's perspective. But ultimately, I don't think the attorney wants casey out.

 

[my2cents]

It's all quite strange. Baez doesn't strike me as the brighest attorney that she could have picked though. Honestly, I think he is in way over his head. He's only been in practice for 3 yrs. quote]

Good point. He may not be the best one for the job. But, that may be good for the public's desire to find out what happened to little Caylee. I actually think it would be very interesting to see casey out of jail, to see what she would do and say without the protection of attorney-client privilege. I really believe she will say and/or do more to incriminate herself and strengthen a possible murder charge.

I think she would too. But I am fairly sure that if she is surrounded by the yahoo cowboys 24/7 she will not be saying much. Now, if she can have visitors and speak to them alone, ITA she will be running her mouth saying different things to different people! I really want her to sit there and rot though...

 

[Blondieskatz]

I think the reason Baez would do this, is because he either has some information already or believes the baby really was abducted. He is the only person who has been able to speak with Casey in private so far. In other words, he would NOT do this if he already knows for a fact that Caylee was murdered.

What do you think?

I think if he knew that Casey killed Caylee he would have let her talk herself into a hole when her family was visiting. None of this makes sense to me. Does he think that the family is not going to push Casey for details. But, then again I'm not so sure about that anymore either.

 

[amethyst221]

From an attorney perspective, Baez's involvement with Padilla makes no sense whatsoever.

Agree, because the prospect of being grilled by anyone 24/7 is sort of not conducive to silence. Maybe they have it all scripted out and he thinks CA can handle it. She may talk incessantly about how much she misses Caylee, the kidnappers, etc. If the bounty hunters have to return Casey to sender/jail once their self-imposed deadline expires, they can argue that it just shows she's got no more to tell and is innocent. Everything about this case is off, and I don't think it includes the amount of bail.

 

[McSev]

Thank you all for your answers.

My trouble understanding the situation is why will an attorney contact and deliver his client to this person that says they will be on Casey's back 24/7 to keep her talking. That defies any logic. And why will Padilla ANNOUNCE to Casey and her attorney his intentions and his strategy to make her tell him something? :bang::bang::bang:

Unless Padilla is just coming up with this excuse to shield himself from the public and media backlash while he gets some free publicity for his show and the attorney knows he has nothing to be afraid about regarding his client incriminating herself. What I am afraid will happen is that Casey will be out and going to various places ''looking'' for Casey with Padilla while the news stations are following them. A BIG CIRCUS. Because really....is she going to stay at home? She has been ''crying'' from prison that she can't help her child while she sits in there so once she is out is she going to sit at home watching tv and reading the newspapers and getting more backlash for doing nothing or is she going to drive Padilla on more wild goose chases?

And I won't be surprised if this is a big media stunt. Meaning that they will bail her out but only with the intention to return her back to prison in 2 days with the excuse of ''breaking'' some impossible rule they will impose on her. Padilla's team I mean.

Snipped respectfully

Under home confinement, she has to be within the reach of that land line transmitting the signal of that ankle jewelry she's gonna be sporting. If there is a media circus, it will be around the Anthony home - not sporting off someplace. If she has to go to the doctor or the dentist, those excursions have to be reported and verified prior by the OCSD.

All I can say...I feel bad for the folks who live around the Anthonys and then again, I don't. They'll charge the media outlets who want to camp there a daily rate.