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

[dr dona]

IMHO Tim is a true hero and is above reproach. Bravo MN for representing him and TES. Shame on you JB for this attempt to gain information about volunteers. Mount a good defense for KC without dragging decent people thru the muck!!!!!!

 

[magic-cat]

#3 was a piece of artwork, wasn't it ?

It was music to my eyes!

And not in reference to YOUR post, but to you TruthSeeker concerning the tips that were never paid for nor picked up. Those were not ONLY the psychic tips. Those were the totality of the tips that had been received and in the midst of those were all the ones that were NOT from the psychics as well. Jose desired for LE to wade through ALL of the tips and pick out the signifigant ones for him? That makes no sense at all. He asked for the tips. They compiled the tips-ALL OF THE TIPS-and then he did not pick them up and filed a whiny-crybaby motion over having been billed for them and the injustice of it all. PLEASE! If he wants to find the truth so badly and was SO interested in the EVIDENCE, then he would have waded his butt through all those tips himself and picked out what he felt was prudent information concerning his client. He expects others to do HIS job for him, and has actually been "tutored" by the court in some of these affairs.

TES is not under the jurisdiction of the State of Florida, so neither should their records be. If Mr. Baez needs something specific then that is what he should ask for and stop wasting the courts time with these nonsensical and frivolous excuses for legal motions. I mean, come on, the media is painting my client in a negative light? GHEEZ!:furious: She did that all by her lonesome when she chose to do whatever she did that brought about the end of Caylee's life.

 

[RR0004]

Essentially, I think that is correct, at least in relation to the legal argument pending pursuant to the motions. Where LE/SA may come into it, is that they have probably obtained at least some info from TES re their searches, and certainly have had conversations with TM about it, and I think that should be given to JB asap. I also think if the info is not provided, JB will be able to get that before the jury, and the jury may be left wondering if they are hiding information that may have helped Casey, because that is what JB will be urging them to conclude and they do have to give her the benefit of the doubt, so to speak....so if I was the SA, and really wanted a conviction, I'd be urging TES to co-operate as best they could, not by providing all info, but by providing any relevant info re that particular area.

I think the SA have a very strong case....but they have to run it properly and as fairly as possible. I only want to see people convicted after fair trials.

Then put TM on your witness list. MN needed to explain the law in his response. JB would be smart to check that (the law) before he files his motions.

 

[Friday]

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.

Bolded by me...

You have a great point there. In fact, it's making me wonder if JB actually hoped TES would refuse his demands for reams of useless information--for exactly the reason you gave.

Even in the horrible event that's true, TM would still maintain his same legal and ethical objections on behalf of TES. As you may (or may NOT) discover as early as tomorrow when MN appears in court on behalf of TES, there are yet other issues of concern to TM and TES.

 

[NancyT]

I am so glad to see this thread. The 2nd I read MN's response, I wanted to start a thread on another board, but thought better of it. I truly wanted to give praise to MJ for an incredible response.

I hope Baez and LKB; who have little experience COMBINED in criminal law, realize that they're absolutely not ready for the trial of the decade. The defense comes off looking like a bunch of idiots when compared to a REAL attorney. IMO, both choose the wrong profession, but MN sure met is calling.

 

[bunnyphoenix1]

[/B]

Bolded by me...

You have a great point there. In fact, it's making me wonder if JB actually hoped TES would refuse his demands for reams of useless information--for exactly the reason you gave.Even in the horrible event that's true, TM would still maintain his same legal and ethical objections on behalf of TES. As you may (or may NOT) discover as early as tomorrow when MN appears in court on behalf of TES, there are yet other issues of concern to TM and TES.

It wouldn't surprise me if that is why he did it.

In the USA, can the Defence request that they be allowed to question TM to find out if there are any other relevant witnesses/info? We can't do that where I am but wonder if you can do it in criminal proceedings in the US?? If so, I would think he would take that course first, if he feels it is necessary, and then attempt to subpoena whatever he determines he needs after that?

I think it is admirable that TM is fighting this. I suspect the judge will try to have them negotiate a resolution, or attempt to do so in Court, but if it can't be resolved, then it could be an interesting legal argument.

 

[Bobby62]

Amen Bobby62!

Thank heavens Mr. NeJame is an experienced and accomplished attorney!

I lost a very dear friend last year. He had just been promoted to Circuit Court Judge. He would've LOVED this brouhaha with the Baez camp. I wish he was still around so he could share his wisdom and laughs with me!

Sorry about your friend. His experience and wisdom would have given you some good angles to view all of this from. Plus friends that just like you for you are golden. If they are really fun, they turn to diamonds.

 

[Amster]

All this hand wringing about the jury thinking LE was "hiding" info to hurt KC.....nonsense! The prosecution can call TM as a witness. He will tell the jury that the area was under water. Will JB call him a liar?? In my dreams....and the jury will despise him for it!

 

[Friday]

I do not think anyone should withhold the truth, especially the Anthonys but the reason Tim Miller does not want to turn over reports on every single person who helped in the search is because they may not want all of their information broadcast to the public. Then also that could cause people in the future to decide they don't want to help because they would have their information made public. I think if they want to know if the area was searched then call Tim Miller to the stand and he would have the information ready to tell whether anyone was in that area and what was found or not found. I do not think for one minute that Tim is mad. In fact he still sees the Anthonys and prays for them. He also said he had over 20,000 lists that would have to be given to the defense. Can you imagine how much that would cost this man to have to go throught every record on every person who gave up their free time to look for this missing child?

Snipped by me. Wonderful post. Couldn't agree more!

 

[Bobby62]

[/B]

Bolded by me...

You have a great point there. In fact, it's making me wonder if JB actually hoped TES would refuse his demands for reams of useless information--for exactly the reason you gave.

Even in the horrible event that's true, TM would still maintain his same legal and ethical objections on behalf of TES. As you may (or may NOT) discover as early as tomorrow when MN appears in court on behalf of TES, there are yet other issues of concern to TM and TES.

The decision tommorow will used as case law in other cases for years. Judge Strickland may not want that so he may throw it out on its own merit and leave Mr Nejame's tutelage of Mr Baez out of it.

Other issues of concern? Please expound.

 

[RR0004]

The decision tommorow will used as case law in other cases for years. Judge Strickland may not want that so he may throw it out on its own merit and leave Mr Nejame's tutelage of Mr Baez out of it.

Other issues of concern? Please expound.

Yes, I'm curious too.

 

[mikeysmommom]

I am curious too,now I will not be able to sleep till I know.............lol

 

[RR0004]

I am curious too,now I will not be able to sleep till I know.............lol

Work will be impossible to get through tomorrow. This hearing will be very interesting.

 

[bunnyphoenix1]

Then put TM on your witness list. MN needed to explain the law in his response. JB would be smart to check that (the law) before he files his motions.

A defence lawyer has to cover their bases...TM could show up in Court and say he never saw the area, and relied on someone else's info. He cannot give hearsay evidence of what others told him. Then it might be too late to get that other person to Court as a witness.

MN's response was very good. He's lucky he gets to concentrate on the one issue in this case...JB is filing a stack of these every week, so I'm not surprised his are not as impressive. Not to mention he doesn't have the experience of MN. I'm not a fan of JB, but I really wouldn't expect him to have a lot of time on his hands at the moment and I'd be pretty sure the Judge will give him an opportunity to respond on his feet tomorrow.

I don't know what it's like in the USA, but where I come from, when we file a subpoena, the defence lawyer doesn't set out the law or reasons or anything in it. And if the other side objects in part or in whole, they would set out their objection (perhaps not in writing) and we would argue it in Court.

 

[Whisperer]

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.

How does he know what was on the disk if he never picked it up?

 

[Just__me]

I handle many subpeonas each week, they must be specific as to the parameters of the request... they cannot just say I want everything and they must have a reason for the information that is being requested. A subpeona is not carte blanche.
As for the records Baez did not pick up because the cost was a burden... it was Baez that stood in court and said I want every piece of paper you have... well that is exactly what was produced by LE. After the fact Baez stated they should have gone thru and given him relevant information, that is not the job of LE, that is the job of the defense. Had LE screened the info that would have been an appeal for KC. How about at the last hearing Baez wanted the photos and the prosecution and judge wanted assurances the information would be secure...Baez assured the court he was having a special server installed the same as the SA has to insure the court the information would be secured. The SA gave him the disks with pictures in good faith that day... Baez has yet to provide the certification to the court the secure server was installed.
What information has the prosecution not provided to Baez? Baez is not entitled to every document or picture or bit they have he is entitled to what is/will be used and that is not still being worked by LE.
In our criminal system it is the responsibility of the defense to investigate and to find information through defense resources as Judge Strickland clearly explained to Baez way back when. The judge took the time to explain to Baez he must interview and depose to get much of the information he was seeking it is not the responsibility of LE or the SA to provide nor is it appropriate for them to do. Baez has to get off his duff review information he already has, decide what needs further investigation and either investigate himself or hire someone else to do so. Defense attornies build the case LE does not do it for them. I am sure there is not enough glamour in the grunt work for Baez so he thinks (like KC) he can just do what he wants.
I have yet to see or hear the SA or LE do or say anything inappropriate or unprofessional... I cannot say the same for Baez or LKB.
As for the complaints to the Bar, I know that I personally filed 3 complaints and I would be relatively sure I was not the only one to do so. Baez would have us believe it was the media, the SA or someone with an axe to grind. I don't have an axe to grind, I am not LE or SA and I am not media. I am however concerned that Baez does not have the experience, many times his actions are unprofessional, his personal contact with his client is inappropriate and he obviously does not know or understand the Cannons of the bar.
Baez is going to be the reason for KC's appeals. He graduated from a law school that was provisional while he was attending. He at the time he took the case with KC had only been licensed to practice law for 2 1/2 years and takes on a case of this magnatude as first chair!!?? Unheard of! It was only after the Bar told him he did not have the required experience he brought in another attorney with the required credentials.
Let us not beat up LE, SA or TM, they have all been totally professional at all times. Has anyone of us seen or heard them before the media?

 

[bunnyphoenix1]

I handle many subpeonas each week, they must be specific as to the parameters of the request... they cannot just say I want everything and they must have a reason for the information that is being requested. A subpeona is not carte blanche.
As for the records Baez did not pick up because the cost was a burden... it was Baez that stood in court and said I want every piece of paper you have... well that is exactly what was produced by LE. After the fact Baez stated they should have gone thru and given him relevant information, that is not the job of LE, that is the job of the defense. Had LE screened the info that would have been an appeal for KC. How about at the last hearing Baez wanted the photos and the prosecution and judge wanted assurances the information would be secure...Baez assured the court he was having a special server installed the same as the SA has to insure the court the information would be secured. The SA gave him the disks with pictures in good faith that day... Baez has yet to provide the certification to the court the secure server was installed.
What information has the prosecution not provided to Baez? Baez is not entitled to every document or picture or bit they have he is entitled to what is/will be used and that is not still being worked by LE.
In our criminal system it is the responsibility of the defense to investigate and to find information through defense resources as Judge Strickland clearly explained to Baez way back when. The judge took the time to explain to Baez he must interview and depose to get much of the information he was seeking it is not the responsibility of LE or the SA to provide nor is it appropriate for them to do. Baez has to get off his duff review information he already has, decide what needs further investigation and either investigate himself or hire someone else to do so. Defense attornies build the case LE does not do it for them. I am sure there is not enough glamour in the grunt work for Baez so he thinks (like KC) he can just do what he wants.
I have yet to see or hear the SA or LE do or say anything inappropriate or unprofessional... I cannot say the same for Baez or LKB.
As for the complaints to the Bar, I know that I personally filed 3 complaints and I would be relatively sure I was not the only one to do so. Baez would have us believe it was the media, the SA or someone with an axe to grind. I don't have an axe to grind, I am not LE or SA and I am not media. I am however concerned that Baez does not have the experience, many times his actions are unprofessional, his personal contact with his client is inappropriate and he obviously does not know or understand the Cannons of the bar.
Baez is going to be the reason for KC's appeals. He graduated from a law school that was provisional while he was attending. He at the time he took the case with KC had only been licensed to practice law for 2 1/2 years and takes on a case of this magnatude as first chair!!?? Unheard of! It was only after the Bar told him he did not have the required experience he brought in another attorney with the required credentials.
Let us not beat up LE, SA or TM, they have all been totally professional at all times. Has anyone of us seen or heard them before the media?

I'm not sure that's right. I'd be pretty sure your prosecutors are required to hand over anything that might be exculpatory.

 

[bunnyphoenix1]

respectfully snipped.

Let us not beat up LE, SA or TM, they have all been totally professional at all times. Has anyone of us seen or heard them before the media?

I have never seen anyone beat up TM here at Websleuths ever. He has the greatest respect from everyone here.

And there will be posters here who want to ensure Casey gets a fair trial...it doesn't matter that we may think she is guilty, I think we are more than entitled to discuss the actions of the SA & LE and want her to get a fair trial. If this gets overturned on appeal, all the witnesses will have to give evidence again, and many will be further traumatised by having that happen, perhaps years later. Re-trials are very very hard on victims and other witnesses, and very costly. I sure don't want to see that happen.

 

[bunnyphoenix1]

How does he know what was on the disk if he never picked it up?

Maybe he got it for free like we did, and printed it out for pennies a page instead of the Court House rates? Or decided it wasn't even worth printing out and just bookmarked it.

 

[Manny]

There has been so much confusion about who searched the area where Caylee was found. I seem to remember some pictures being shown of TM and his people searching that area. He said they didn't complete it because he lost a vehicle of some kind in the water. However, I didn't think it was all under water , just some area's