Respectfully, your jumping off point is skewed. You are having a little fun with us, right?
Under Section 493.6119, Florida Statutes, , what do you do, as a private investigator, if you are subpoenaed to testify at a trial or deposition concerning confidential information you obtained in the course of an investigation? If you obtain the client's consent you may comply with the subpoena.
It is not Dominic who is crying privilege. It is Baez, mom, pop and Casey. Dominic is crying please let me keep my PI license!
We can check Baez off the list because Mrs. Drane-Burdick was not going to try to pierce any privilege that may or may not have existed between Baez and Dom. She even offered to allow a protective order as to that. She wrote in her motion and told them again in the hearing she was only interested in the time period AFTER the relationship between Baez and Dom was terminated. Crickets. Hello. Mr. Casey indeed filed a bar complaint with the state bar against Mr. Baez, and although he had hundreds of thousands of dollars, Mr. Baez did not pay Dominic. The dots are pretty close together for one to connect, one could infer Dominic is mad. There is no love loss there. Lets be clear on that.
LE caught him in a lie or confusion ( even if you interpret it in the light most favorable to Dom ) over if he was or was not working for Casey. There is no privilege between the defendant and Dom the investigator, real or imagined..not in Florida law, according to local and national lawyers . Two down, two to go.
If you watch the hearing that I have posted so very many times, listen to Mrs. Tennis. You'll remember this hearing. It is the time mom and pop were going to have to testify (the media made a big splash over it locally) She very plainly says..if any of these folks want to waive the privilege, he is certainly willing and able then to testify truthfully. If either side wants to add him to their witness list, of course, all bets are off, he would testify, he would have to. The folks she is speaking of are in the first instance are mom and pop. The folks she is referring to in the latter statement is the State and the Defense. THESE ARE THE FOLKS HOLDING UP HIM TESTIFYING. Mrs. Tennis made that crystal clear.
You may , or may not recall that Dominic was already in hot water regarding his license. IMO, he was going above and beyond publicly making it known that if, as ,and when he testified it would not be because he cannot be trusted with clients confidential discussions. Rather, it would be because his clients allowed, it , wished it to be, and specifically and formally waived any claim to a would be confidentiality agreement. Let's be clear on that.
Brad certainly knows how to prepare one, it is boilerplate, two paragraphs.One can google " Florida waiver of conflict of interest" and get a sample form,for goodness sakes. Indeed mom and pop already signed a similarly simple document regarding conflict of interest for Mr. Nejame. This little gem is a perfect example of a defense mistake. Not once, not twice but three times defense lawyers have argued that Mr. Nejame representing TES is a conflict of interest. Good grief! To his credit, Brad has stepped up and corrected this mistake on the record in open court and said no, that is not true, Mr. Nejame has their signed waiver. You just can't make this stuff up!!
I can tell you with certainty the ones crying privilege,as you put it..were Baez, mom and pop.
Dominic would have plenty to divulge in my view. Plenty. The fastest path to end his career forever would be to be caught lying to a federal officer,
( a felony) and or committing perjury to a state prosecutor. When it comes down to me or them, one hundred times out of one hundred folks pick themselves. He would have emptied the bucket to try to save himself and his very,very, short lived, already at risk license.
In the words of Florida Defense Expert Richard Hornsby, one does not fight a subpoena that hard unless they have something to hide. Do you recall that he had been fighting testifying under oath for a year? That line of thinking brings me to mom and pop. If they really want the truth, they would waive any thing standing in the way of getting to that truth for their beloved Caylee. The fact that they do not waive it, speaks as loudly to me as the very, very public and overt absent from any hearing, LEE! http://www.youtube.com/watch?v=xAuXZ3jqJ70
