Emergency Hearing 12/16/08 UPDATE: Motions Denied

[frenchvixen]

I hope the judge goes off on JB today. All of this was answered last week. I doubt his experts are going to be able to help him anyway. This is not like the last case they worked on Phil Spector where the argument was did the victim commit suicide or did he shoot her, that case resulted in an hung jury because they were able to create reasonable doubt. I did not follow the case but watched it some on court tv, I thought the evidence showed he was guilty. I just don't understand why all these fame whoring people are scrambling to assist someone who did not report their child missing for 31 days and has lied to the police since DAY 1. She is not someone I would contribute my free time or expertise to.

I don't understand this either. The basis for working "pro bono" is to work for free for the good of the public. How is a Hollywood defense team for KC for the good of the public? A public defender for KC would be for the good of the public. To ensure that she never in this lifetime is able to commit such a despicable crime ever again!!!

 

[PrintGal]

I would anticipate the the judge will hand the Scheme Team their a$$es for their grand-standing. They are entitled to exactly nothing until the official identification has been made. And in case it has escaped their notice, that is at a federal level now, since the identification is being done at FBI labs, and is not a case of the Orange County LE playing games or dragging their feet.

 

[MiraclesHappen]

Copy of motion:


http://media.myfoxorlando.com/photogalleries/121608photographmotion/1/lg/1_Page_1.htm


The Orlando news had this story running last night, although it wasn't online till today.

Considering all offices were closed last night, I wonder how they got ahold of the motion.....sarcasm smilie.

 

[frenchvixen]

A waste, a huge waste. Someone get JB a sedative!

LOL - JB is freaking out. Actually, I think KC is freaking out. She wants to know what was found. The reason why she waited so long to show up at her parents in July was to ensure that animals would get to KC's body. She was certain the body wouldn't be found.

 

[cc81]

technically if Mr. Lee took pictures, the prosecution could request copies of those as well, right?

 

[yolorado]

Didn't the judge already say that the remains and crime scene would be available AFTER the coroner and LE were done? Didn't OSCO concur and isn't that normal proceedure anyway? The scheme team is already driving me crazy, disparaging police and demanding special treatment. Why is a creature who lost her child, probably murdered her child, but did nothing in any case to assist in finding her child, who stole and lied entitled to more priveledges than most in our country? Why can't the scheme team even show a little respect for the child their client lost and refused to help find? I really don't get it and it's infuriating. The defense can have the remains when the coroner's done with them. THAT's already been established. When LE is done they can have the crime scene. That's already been agreed upon. What's with all this whining and complaining, demanding special treatment!? Can't these lawyers and forensic 'experts' go help someone for free who at least didn't obstruct the search for a 3-yr-old child?

 

[Rum Tum Tugger]

Lots of chit-chat on this thread for info on the "Emergency Hearing" ...

I didn't see this posted anywhere. In addition to CFNews13 ..
Tru-TV & Beth Karas, who is here in Orlando, will be covering the emergency hearing live. 2 PM in Judge Strickland's courtroom.

Rummy :cat:

 

[trac]

I'm trying to find the florida statute for this - a lot of it I need to know the legal language - boy that is tough! LOL

 

[LaLaw2000]

LOL - JB is freaking out. Actually, I think KC is freaking out. She wants to know what was found. The reason why she waited so long to show up at her parents in July was to ensure that animals would get to KC's body. She was certain the body wouldn't be found.

AND a COD would be harder to determine!

 

[DianeB]

I read the motions linked above.

I think what they're really after are the crime scene photos showing the evidence that was found.

The dump site is already "irretrievably changed" by the fact that it's been searched for days, and there is no way it will ever look the way it did before. Jose's issue in that motion seems to be a fit of pique that because the search is dragging on, all of his experts flew home to their real jobs.

But the photos of the evidence...

 

[cuppy199]

The judge grants the hearing and schedules it for the courtroom. This is done based on the merit of what motions have been presented. If the judge saw no reason to grant the hearing, then he would not have done so. Perhaps the judge is not too happy that the prosecution stated that there was no such thing as preliminary identification and then just hours later started issuing statements to the contrary. Perhaps the judge is also not too happy that the prosecution did not want the defense team to OBSERVE, but then allowed private citizens to observe the examination of the scene. Providing COPIES of photos and videos does not in any way interfere with the LE investigation.

This is just a ploy by the defense as some had said to bring reasonible doubt. The defense team knows that you cant be on a crime sceen while they investicate it. It has never been done and if the judge allows this he will leave it open for other defense teams in other case to do the same. I cant see it happening. You cant have other people on scene stepping on your scene and evidence not gonna happen IMO. And as far as viewing the body this defense lies and said they have never been refused to view the body during this stage. It just doesnt happen and it will do more harm then good. IMO this judge already left the door open in the future of other cases getting there hands on discovery before there client is charged.I hope the judge thinks wisely which I think he will because this will affect other cases in the future. IMO Baez will be dinied. Partly because the remain have not been identified.JMO

 

[Angel Who Cares]

MOTIONS RELEASED!

READ: Emergency motion to compel photographs, video recordings and schematic drawings taken at crime scene
http://media.myfoxorlando.com/photogalleries/121608photographmotion/indexGallery.htm

READ: Continuing request for second autopsy and all related materials
http://media.myfoxorlando.com/photogalleries/121608secondautopsymotion/indexGallery.htm

READ: Emergency motion to preserve forensic evidence and appoint forensic expert for the court
http://media.myfoxorlando.com/photogalleries/121608preserveevidencemotion/indexGallery.htm

Sorry Fox is the first to release them...zoom in to read! LOL

 

[Intermezzo]

Isn't turning over evidence to the defense part of the discovery process anyway?

But LE (,ME, the State,FBI), have not positively ID'd nor have officially stated that this Caylee.
Until that is done is it part of Discovery?
Does Discovery come from LE or from the State Attorney's Office?

 

[tehcloser]

I honestly think they are going to try and go after the fbi to an extent. *snort, that's gonna work out well.

 

[s1rebecca]

I actually think JB is PO'd because he jumped the gun and invited all of these different forensic experts before the crime scene was released. The OCSO thought it may be released but more bones were discovered so they can not release it until they are finished gathering evidence. Those 5 or so people that flew down shouldn't be upset if they are offering their services for FREE. Therefore he is filing a motion using words like they said we would "work it out" well "work it out" wasn't Judge Stricklands order. The order was that when they are finished you can have the crime scene.

 

[Recovering-Lurker]

I can't believe these forensic experts that are working with the defense. Why would they do this? It's not like Kathleen Reichs needs publicity. Why is she doing this? I doubt any of them are getting paid.

 

[Jolynna]

Looks to me like they are trying to get their hands on discovery early. They must foresee needing every minute they can get.

IMO, the evidence against Casey is so overwhelming, the only hope for the defense is to use those big names to try to muscle out every smokescreen & distraction possible.

 

[faefrost]

I would anticipate the the judge will hand the Scheme Team their a$$es for their grand-standing. They are entitled to exactly nothing until the official identification has been made. And in case it has escaped their notice, that is at a federal level now, since the identification is being done at FBI labs, and is not a case of the Orange County LE playing games or dragging their feet.

Everyone thinks that LE is playing games by not giving an official "preliminary" identification in this case. They are NOT. This case is unusual in that the murder charges are already filed and the defense and their team of experts are already in motion. While the defense has a reasonable right to access to any evidence or remains relating to their case, LE has a huge legal obligation that they are allowed access to ONLY remains and evidence related to that specific case. In other words LE knows it is probably Caylee, but until the full forensics come back, and the county coroner has issued a formal positive ID, they cannot grant the "SCHEME TEAM" access to any remains. Simply because doing so opens up the very real posibility of allowing Dr. Lee access or observation to somebody elses childs remains. And doing so opens LE to an extreme level of legal liability. So the prudent move on everyones part is to wait until the formal ID is made before allowing any outside parties access.

 

[cajun]

They are still investigating the scene, so how could they turn photos, videos, etc. over to the defense yet? They are still using them.
Didn't Judge Strickland tell JB to basically wait his turn at the last emergency hearing?? Someone please correct me if I'm wrong.

Thanks for asking that, I thought my brain was still frozen or something as I thought all this was asked and denied last go around.

 

[sarah7855]

I actually think JB is PO'd because he jumped the gun and invited all of these different forensic experts before the crime scene was released. The OCSO thought it may be released but more bones were discovered so they can not release it until they are finished gathering evidence. Those 5 or so people that flew down shouldn't be upset if they are offering their services for FREE. Therefore he is filing a motion using words like they said we would "work it out" well "work it out" wasn't Judge Stricklands order. The order was that when they are finished you can have the crime scene.

Good point. :bang:, JB.