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

[Just__me]

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

You are right they must turn over anything that is exculpatory, though I doubt they would have anything exculpatory.

I certainly want KC to have a fair trial. What I said is at this point I have seen nothing form SA or LE that would indicate they want anything less.
I do think there is much concern that Baez will be responsible for KC's appeal. Just like the last hearing where Strickland brought her in and asked her if her attorney discussed this with her and her answer was no, this was after Baez represented to the court he had done so.
There has been comments about TM not turning over the information to Baez... Why should he risk everyting he has believed in and worked so hard for. Because Baez does not know what he is supposed to be doing it is not the responsibility of MN or anyone else to teach him. What if MN were not gracious enough to be representing TM, TES and TM would be holding the bag paying for legal representation, money that could and should be spent locating missing/deceased persons.

 

[bunnyphoenix1]

You are right they must turn over anything that is exculpatory, though I doubt they would have anything exculpatory.

I certainly want KC to have a fair trial. What I said is at this point I have seen nothing form SA or LE that would indicate they want anything less.
I do think there is much concern that Baez will be responsible for KC's appeal. Just like the last hearing where Strickland brought her in and asked her if her attorney discussed this with her and her answer was no, this was after Baez represented to the court he had done so.
There has been comments about TM not turning over the information to Baez... Why should he risk everyting he has believed in and worked so hard for. Because Baez does not know what he is supposed to be doing it is not the responsibility of MN or anyone else to teach him. What if MN were not gracious enough to be representing TM, TES and TM would be holding the bag paying for legal representation, money that could and should be spent locating missing/deceased persons.

I don't think anyone has said he should give them all the volunteer's details....I think it highly unlikely he would get it, and as I've said before I admire TM for taking a stance on it and I do think it's great that MN is volunteering for such a fantastic organization. I really don't think JB will continue to press to get all their details, and will try to narrow what he is asking for, but I may be wrong.

Of course MN doesn't have to teach Baez anything...they are adversaries now, though a few months ago it was a different story! But, what if JB just backs away from it, then 6 months after Casey is put to death or simply convicted, a searcher comes forward and says he was there in August and the body wasn't there? MN has a good argument, but I think the Court will want to ensure the Accused gets a fair trial, and that will also weigh into the court's considerations. JB has to make sure he knows as much as he can about the state of the site at relevant times...it would be negligent for him not to make those inquiries.....but that doesn't mean I agree he's entitled to all the personal details of the volunteers.

Anyhow, we'll have our answers soon....live, thanks to the internet!

 

[NancyT]

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.

I can agree that Baez has his hands full with this case, but to assume that this is the ONLY case that MN is covering is just silly, IMO. I have no doubt that MN keeps busy year round with other clients. He is after all, a top notch attorney in his own right.

As for Baez, yes, he's got his hands full with this case, but wouldn't you think he would take the time to at LEAST file motions properly? This isn't kangaroo court, and this surly isn't the first time that he's gotten it wrong.

It's no wonder that Baez doesn't want Casey in court, he doesn't want her to see how unqualified he truly is. :crazy:

 

[MADJGNLAW]

I can't help but think that maybe Nejame has information that he can not share due to his responsibility to the Anthony's and maybe he is just trying to help Caylee in another way. I know it sounds crazy and some feel it's a conflict of interest for Nejame to represent TES, but as stated today by BC, the Anthony's have no objection to Nejame representing TES; so, Baez can't say it's a conflict of interest. The law states that as long as the previous clients don't object to their previous counsel representing someone else that was a link to the investigation there should be no problem. It would be different if Nejame was to represent Casey IMO. Tim was just a volunteer as well as the other 4000 member's from TES, I don't find it being a conflict of interest when these people were searching for a child's remains on their own free will and dedicated their time free of charge. Baez made a comment in court today that TES was paid by OCSD, I know they gave TES money...they donated money to TES like most of us have. That is different than someone getting paid for a job and being under contract. Maybe I am missing something, I don't feel it's wrong for Nejame to represent TES. JMO

As for Nejame in court today, I was impressed with his professionalism maintained in light of Baez's underhanded and immature rants.

 

[SeriouslySearching]

I admit I am slowly warming up to MN. Has taken me a very long time tho. LOL

I don't see a problem with him representing TES and he did a very professional job today in court, imo. I see it as MN taking on a new client who did not expect to get drawn into the courtroom circus tent. It was JB dragging them in and creating a situation which did not exist prior to the motion.

 

[bunnyphoenix1]

I can agree that Baez has his hands full with this case, but to assume that this is the ONLY case that MN is covering is just silly, IMO. I have no doubt that MN keeps busy year round with other clients. He is after all, a top notch attorney in his own right.

As for Baez, yes, he's got his hands full with this case, but wouldn't you think he would take the time to at LEAST file motions properly? This isn't kangaroo court, and this surly isn't the first time that he's gotten it wrong.

It's no wonder that Baez doesn't want Casey in court, he doesn't want her to see how unqualified he truly is. :crazy:

I'm not sure what other cases MN has at the moment...but I do know JB is probably barely sleeping trying to keep up with all that is coming at him. He has a huge responsibility in this case.

I'm not sure which motions you are talking about that weren't filed properly, but so far, he's won pretty much every motion he has filed.

 

[Bobby62]

I don't think anyone has said he should give them all the volunteer's details....I think it highly unlikely he would get it, and as I've said before I admire TM for taking a stance on it and I do think it's great that MN is volunteering for such a fantastic organization. I really don't think JB will continue to press to get all their details, and will try to narrow what he is asking for, but I may be wrong.

Of course MN doesn't have to teach Baez anything...they are adversaries now, though a few months ago it was a different story! But, what if JB just backs away from it, then 6 months after Casey is put to death or simply convicted, a searcher comes forward and says he was there in August and the body wasn't there? MN has a good argument, but I think the Court will want to ensure the Accused gets a fair trial, and that will also weigh into the court's considerations. JB has to make sure he knows as much as he can about the state of the site at relevant times...it would be negligent for him not to make those inquiries.....but that doesn't mean I agree he's entitled to all the personal details of the volunteers.

Anyhow, we'll have our answers soon....live, thanks to the internet!

Blued by me.

Baez asked for all of the information pertaining to every volunteer in his motion. He wants all the applications of volunteers. I personally do not want to have my application to TES put on the web in a Sunshine law dump.

For him to even ask is phishing and the courts do not allow information dragnets. Since asking this way is apparently not allowed and will not be granted in it's original form he is scrambling to change the wording this afternoon. He also now has to come up with a legitimate reason for asking in the first place. Maybe before he pulls these stunts he should consult an attorney....

 

[bunnyphoenix1]

Blued by me.

Baez asked for all of the information pertaining to every volunteer in his motion. He wants all the applications of volunteers. I personally do not want to have my application to TES put on the web in a Sunshine law dump.

For him to even ask is phishing and the courts do not allow information dragnets. Since asking this way is apparently not allowed and will not be granted in it's original form he is scrambling to change the wording this afternoon. He also now has to come up with a legitimate reason for asking in the first place. Maybe before he pulls these stunts he should consult an attorney....

TES did not argue the records were irrelevant and the Judge has reserved his ruling, so he's certainly considering it. I would have thought MN would have argued that most of the volunteer's details were completely irrelevant to the case, but he doesn't appear to have made that argument, in fact, he appeared to concede relevance.

The legal term is actually a "fishing (not phishing)expedition". Like when you throw a hook in the water hoping to catch a fish!

 

[Shavaun]

NeJame creamed Baez is court.

imHHHHHo.

 

[RR0004]

Blued by me.

Baez asked for all of the information pertaining to every volunteer in his motion. He wants all the applications of volunteers. I personally do not want to have my application to TES put on the web in a Sunshine law dump.

For him to even ask is phishing and the courts do not allow information dragnets. Since asking this way is apparently not allowed and will not be granted in it's original form he is scrambling to change the wording this afternoon. He also now has to come up with a legitimate reason for asking in the first place. Maybe before he pulls these stunts he should consult an attorney....

Just listened to an attorney on FOX who agrees with you...thinks some of Baez' motions were a bit off...scope needs to be narrowed.

 

[LambChop]

Possible reason for TM not wanting to turn over personal information on volunteers. Look at what is happening with the meter reader. It would be just another person on defense's "throw them under the bus" list.

 

[SuziQ]

Baez Motion denied:

http://www.cfnews13.com/uploadedFiles/Stories/Local/equusearch.pdf

 

[karenz]

Just for the record, I really like Mark Nejame and Brad Conway. That have at least handled themselves in a manner befitting the death of a beautiful little girl.

I can see how MN a kind heart like TM work well together.

 

[bunnyphoenix1]

Baez Motion denied:

http://www.cfnews13.com/uploadedFiles/Stories/Local/equusearch.pdf

It looks like the battle will continue elsewhere on another day!

 

[pirate]

Thank you Judge Strickland!

 

[mydailyopinions]

Just goes to show that you can't kick a good man down!
:woohoo::woohoo:

 

[SeriouslySearching]

:clap::clap::clap::clap::clap::clap: WTG, MN and Judge Strickland!! Count that as a strike against JB's DT. (Too bad it isn't 3 strikes you are outta hea in this case.)

 

[DotsEyes]

Truthseeker - I agree. The State is playing games with production.

As for MN's responses to JB's motion, it is adequate - nothing special. JB can re-do his SDT with a supboena. And, since TM said that searchers were in that area on 2 occasions, I don't know how NM can say they didn't search that particular area and make JB take his word for it.

JB needs to go take TM's deposition.

 

[SeriouslySearching]

I don't see it as the State playing games with production. They have different issues with the FBI and other entities in play here. They are not responsible for their timelines and have no jurisdiction over them to produce what JB is asking for at various times. Correct?

 

[Bobby62]

TES did not argue the records were irrelevant and the Judge has reserved his ruling, so he's certainly considering it. I would have thought MN would have argued that most of the volunteer's details were completely irrelevant to the case, but he doesn't appear to have made that argument, in fact, he appeared to concede relevance.

The legal term is actually a "fishing (not phishing)expedition". Like when you throw a hook in the water hoping to catch a fish!

Phishing, fishing. Defense, defence. In the words of the crackhead heard round the world, "Can't we all just get along? :crazy:

The part I am confused about is it seems that Judge S is now walking JB through how to properly word and file his motion. I would think he would have denied it just on technical merit and not even have had to address Mr. Nejame's response. He should have never even made it up to bat with a motion asking for things he has no right to have. Judge S should not be explaining to attorneys how to write motions. He should have merely denied and stated why.
I reckon I aint doin' surgery 'cause I don't know how.