Nejame Files Motion to Strike for TES/Baez 7/16/09 Motion

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TruthSeeker said:
IMHO Nejame should not handle this case because he was counsel for the parents.

Tim's assertion that there is not proof that he searched in that area is wrong, he himself said he searched that area.

The statement that Baez had requested tip info then not picked it up is pretty poor. It is true that Baez requested that info, but Law Enforcement made up a disk with primarily psychis tips which caused a financial hardship on this defendent in my opinion. The family would have had to pay over $900 for the worthless psychic tips before having another disk made up of legitimate tips resulting in another $900 for a second disk.

Why so many games by LE? You would think that they would not want to do anything to mess up their case and cause any reason for a mistrial or an appeal! This "game" by the prosecution needs to stop!
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The family would have to pay? Why? Casey is an adult as has retained her own counsel. It wasn't the family's obligation to pay. If JB didn't have the money for the tips as requested, why/how did he hire all his experts?
 
TruthSeeker said:
It is very important to establish if any searcher had looked in that area to establsih is the bag was there when they searched.

Why do you all want people to withold evidence or make it difficult to find out the truth? It is only your opinion whether or not Casey knew that body was there.

If it was but wasn't looked in, then so be it. At least it would prove it was there! I am sure there were bags people did not look in or see on the searches for one reason or another. You ALL should want to find out the truth!

Do you want the jury to have a doubt that the bag was there because Tim is mad and doesn't want to aid in the defense at all? If that comes out during the trial it will only help Casey. IMHO this is a game that may backfire on the prosecution.

Think about it!
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I am certainly not a JB or KC fan....but....I do agree with the points you've made in your posts on this thread.

It does seem to me that the Prosecution is making this more difficult than they have to. I think this case is a slam dunk for the prosecution, if and only if, they are seen to be being fair to KC. Whether we like her or not, she deserves to have a fair trial, and whether we like JB or not, he is entitled to see the evidence. In addition to that, if a jury even gets a whiff that the SA are being unfair, they may acquit.

I'm not being critical of TES....it appears to me they are outside the Court's jurisdiction and it appears that JB has gone on a fishing expedition with his request for documents from them....lawyers often do, then later narrow down precisely the documents they require/wish to obtain. But IMO, JB would be entirley negligent if he didn't ascertain what, if any searches were conducted there previously, what if any observations were made by searchers re the area at relevant times etc. And if TES are going to be conducting searches that involve serious crimes, they really should expect to find themselves giving evidence in the criminal proceedings their searches relate to. And don't get me wrong, I can understand why they have taken this position and there is a strong legal argument on TES's side too.
 
MADJGNLAW said:
Wow! Have to love this motion! Nejame stuck it to Baez, he made all valid points. Now that is a motion. Not this he say she say, I wanna cry my feelings are hurt and they are picking at me and my client. Did they say when this motion is going to be heard? Tomorrow maybe? Anyone know?
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According to local news, this will be one of the issues at tomorrow's hearing (starting at 8:30 a.m. Eastern time and streamed live by several local news outlets if anyone wants to watch)

http://www.wesh.com/download/2009/0129/18597597.pdf
 
nancy botwin said:
Thank you for posting a link to the motion-- it was exciting to read!!

It's pretty powerful that this specific motion stands so far apart from the motions we've seen from Baez. This motion is certainly well done, but this is how this stuff is supposed to look. Baez generally fails to cite the relevant case law and statutes in his own pleadings --which are often, to quote Nejame "critically flawed and deficient." :clap:LOL:clap:

IF JB finds a way to gain access to these records, I think Nejame's request for advance fees and costs will definitely be granted. I would bet a lot that the defense will no longer want the records if and when they have to advance the costs of production.

Basically, this motion reads like commentary on Casey's approach to life and I love it -- She's wrong. She's trying to hold others responsible for her failures, without regard for the rules of society or the needs and rights of others. Casey Anthony is, IMO, critically flawed and deficient.
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IMO JB is way out of his league here.
 
treciama said:
Nejame's filing to fight B's attempt to get every piece of paper that Equusearch had is a thing of BEAUTY!!

Among my favorite points that he makes are the following:

1. Florida courts have no power to order Texas-based Equusearch to do anything.

2. B's scatter-shot request for every piece of paper is proof that he has NO clue whether there's any relevant info so B fails to meet the MINIMUM requirement to force a someone to spend their life amassing private records to turn over.

3.(AND THIS IS MY FAVORITE!) B has a history of demanding records and then failing to even pick them up OR pay the fees for the reproduction costs.... so Nejame asks B to pay IN ADVANCE and PROVE that the funds used to pay the reproduction fees COME FROM LEGITIMATE SOURCES!!!

So, I'm loving this filing. To check it out for yourself, go to:

http://www.wesh.com/download/2009/0129/185974...
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#3 was a piece of artwork, wasn't it ?

:)
 
Wow can't wait to see/hear this hearing. Should be interesting as MN will put JB in his place with that motion. :clap:
 
I echo the comments of most here:

Priceless and masterful motion. Nice job MN!
I agree the cost of this should not be born by CA and GA, this is KC's financial issue and she is an adult who has made choices. Her days of robbing her family and friends are gone and that especially includes her parents.
 
TruthSeeker said:
It is very important to establish if any searcher had looked in that area to establsih is the bag was there when they searched.

Why do you all want people to withold evidence or make it difficult to find out the truth? It is only your opinion whether or not Casey knew that body was there.

If it was but wasn't looked in, then so be it. At least it would prove it was there! I am sure there were bags people did not look in or see on the searches for one reason or another. You ALL should want to find out the truth!

Do you want the jury to have a doubt that the bag was there because Tim is mad and doesn't want to aid in the defense at all? If that comes out during the trial it will only help Casey. IMHO this is a game that may backfire on the prosecution.

Think about it!
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Nobody wants to withhold evidence. This is the law, not a game of snakes and ladders. The letter of the law has to be utilized. It is not LE's fault that this case engendered $900 worth of psychic tips. Baez has to go through them all, just as LE did. Not saying that he would be successful, but it would have been much more appropriate for him to ask TES for the grid documents of the area in question. Simple really. Word your motions according to the letter of the law. He has yet to learn those letters, IMO.
 
blots said:
Regarding the tip info on the disk, maybe JB should have picked that up since the private detective searching the same area (on video) prior to Caylee's body being found was, according to him, as a result of a psychic tip.

If you believe that then you have to believe the disk might be worth the $900.
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:clap::clap::clap:

My favorite post of the day!!
 
mydailyopinions said:
I personally don't want evidence with held from anyone, including Baez who claimed that Zanny the Nanny exists. I think they should come to an agreement, Baez needs to produce Zanny, and I am sure Tim would comply to give him anything he needs.
Yeah, I know, wishful thinking, however this man spent tons of money and his time while that, that..that..(*****) did nothing to help her daughter.

I can guarantee you that it has nothing to do with Tim being mad! Nothing! He has found more dead people, and alive people than Casey could ever appreciate! You have Mr. Miller all wrong. The truth cannot come from anyone other than Casey...it is not Tim's problem. He is an honorable man, and if a bag was there that he knows was not looked in, he will be truthful about that!
Now, may I be excused to the basement?
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I don't think TruthSeeker was saying it was about Tim being mad....I think TruthSeeker would recognize that he has a legitimate legal argument to run, and that their are good public policy reasons behind that argument.

But....what will the jury think?....will they think a part of the puzzle that may have helped Casey is missing? A good defence lawyer (and I'm not saying JB is one of those) can turn any lack of co-operation by authorities etc into an acquittal, no matter how strong the prosecution case. In fact, as a defence lawyer, the worst situation you can find yourself in, is before a Court with a prosecutor who comes across to the jury as bending over backwards to be fair and helpful to the defence. You might like the prosecutor because he makes your job easier and is a nice guy, but they give you little to work with if you don't have much of a defence. Jurors want to feel comfortable convicting people on serious charges, and if a prosecutor appears over zealous, it can really backfire.
 
The icing on the cake would be for MN to have been the one that filed the Bar Grievances and not the SA. That would sure knock the wind out of JB's sails and give the SAs a good laugh.
 
bunnyphoenix1 said:
I don't think TruthSeeker was saying it was about Tim being mad....I think TruthSeeker would recognize that he has a legitimate legal argument to run, and that their are good public policy reasons behind that argument.

But....what will the jury think?....will they think a part of the puzzle that may have helped Casey is missing? A good defence lawyer (and I'm not saying JB is one of those) can turn any lack of co-operation by authorities etc into an acquittal, no matter how strong the prosecution case. In fact, as a defence lawyer, the worst situation you can find yourself in, is before a Court with a prosecutor who comes across to the jury as bending over backwards to be fair and helpful to the defence. You might like the prosecutor because he makes your job easier and is a nice guy, but they give you little to work with if you don't have much of a defence. Jurors want to feel comfortable convicting people on serious charges, and if a prosecutor appears over zealous, it can really backfire.
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That is all well and good but Mark N is not a prosecutor and TES is not LE. TES is an independent non-profit search group residing in a different state that is being represented by its council.
Apples and Oranges.
Respectfully,
Shadow
 
No matter what your personal feelings are about those involved, there will be no name calling, or other.

Thanks!
 
Now this is what I've been talking about-- a motion filed with citations to the applicable law and then a statement of facts applied to the law--THIS is what a lawyer does. This is not what JB does.
 
TruthSeeker said:
IMHO Nejame should not handle this case because he was counsel for the parents.

Tim's assertion that there is not proof that he searched in that area is wrong, he himself said he searched that area.

The statement that Baez had requested tip info then not picked it up is pretty poor. It is true that Baez requested that info, but Law Enforcement made up a disk with primarily psychis tips which caused a financial hardship on this defendent in my opinion. The family would have had to pay over $900 for the worthless psychic tips before having another disk made up of legitimate tips resulting in another $900 for a second disk.

Why so many games by LE? You would think that they would not want to do anything to mess up their case and cause any reason for a mistrial or an appeal! This "game" by the prosecution needs to stop!
Click to expand...

KC? Is that YOU? JK, the name TruthSeeker alone, says that you are not KC.
 
I've read this topic three times and savored each and every word.


Happy Days!!
 
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