Now That Baden has left, I wonder who the defense will use. Maybe Cheney Mason...hee hee
Now That Baden has left, I wonder who the defense will use. Maybe Cheney Mason...hee hee
Baez appears to be trying to use Dorothy Clay Sims. The attorney who claims to have not owned a TV in decades. Here is a link to the 9/14/2010 press conference where she was "introduced."
http://www.wftv.com/video/25003334/index.html
At least with her experience in medical malpractice and exploitation,:croc: Dorothy Clay Sims :croc: should be able to PRONOUNCE the scientific terms! (snicker!!!!!) AND perhaps her "doc in a box" program DOES have a FORENSIC PATHOLOGY component to assist the "team". HMMMMM, will JAC permit payment for OUT of COUNTRY but INSIDE COURTROOM via COMPUTER whispers consultants and of course the "electrical juice"? :banghead:
Can't you just see the itemized invoice now: 1. desk,Mac & PC desktop & laptop each (must have backup!), chair, extension cord, desk lamp, bulb, pen, paper, expensive downloaded program, single user, rental charge for office space>>>>INDIA and 2. same for USA but add crayons for:waitasec: JB. :woohoo:OH YES, Dorothy Clay Sims will declare that she has arranged the professional services as "pro bono" IF consumables & tangibles (read: stuff we can make a profit on at resale) are provided by JAC.
:twocents: OH HECK, I'm being too snarky! :twocents:
It depends how you define "at state expense."Do most indigent capital defendants in Florida receive a specific "forensic specialist" attorney at state expense? I thought they are guaranteed a team of lawyers skilled and knowledgeable in the law of the state and with experience in death penalty cases? I don't believe the state has any obligation to provide specific types of representation. If one chooses to sign on pro bono, lucky defendant. But I think we see the way the wind is blowing for KC and free of charge nationally famous dream teams.
What happened to the duo from the Netherlands? Maybe they will be taking LKB's forensics place???
I can't imagine all these top notch attorneys are jumping ship due only to not being reimbursed for travel expenses. Could it be they are all at odds with each other on HOW to defend this client?
They knew ICA was declared indigent. They took on this case as pro bono attorneys and it seems to me, they are setting up grounds for appeals with financial issues.
I was looking around to see if any appeals issues on JAC payments...I found Lenamon did argue with JAC flat fees and won his bid but seems he did have extrodinary cirumstances or he's just a better attorney who knows how to argue his case :waitasec:....JMHO
http://caselaw.findlaw.com/fl-district-court-of-appeal/1503976.html
JAC agreement for due process...
http://www.justiceadmin.org/ind_for_cost/Notices/IFC 5-11-10.pdf
Justice for Caylee
It depends how you define "at state expense."
If an indigent capital murder defendant needs an attorney who is capable of handling forensic experts, they get one. Normally indigent attorneys are represented by the public defender's office which has attorneys on staff who possess those kinds of special skills and expertise. The judge has already ordered that no attorneys fees will be paid regardless what specialist attorneys are brought in.
If there are reasonable and necessary expenses related to the defense attorney's properly preparing for and questioning forensic experts and/or examination and analysis of forensic evidence, then those expenses will be paid. For example, the costs of photocopying the prosecution's experts' records and reports will be paid for since Casey is "indigent for costs," same as if she was being represented by a Public Defender who would need copies of those records and reports. The travel expenses of a special forensic attorney will not be, since those costs would NOT have been incurred if Casey was being represented by the Public Defender thus they are not "reasonable and necessary" expenses.
How I have seen similar situations handled in California is that the Public Defender's office became "co-counsel" with the private attorney, then Public Defender's office provided its normal resources i.e. attorneys with special expertise, medical/psychological experts, forensic labs, etc. I suspect that is where Casey's defense is ultimately headed.
Katprint
Always only my own opinions
Lenamon was able to get more than the ridiculously low $15,000 flat fee but was limited to a mere $100 per hour for his time spent. From your link: "For the reasons stated above, the circuit court departed from the essential requirements of law by awarding compensation to Mr. Lenamon on the basis of an hourly rate that exceeds the maximum hourly rate authorized by section 27.5304(12)(d).  The proper method of computing the interim fee to be awarded to Mr. Lenamon is to multiply the number of his compensable hours by the capital felony rate of $100 per hour." Also he was only awarded 80% of his costs.What happened to the duo from the Netherlands? Maybe they will be taking LKB's forensics place???
I can't imagine all these top notch attorneys are jumping ship due only to not being reimbursed for travel expenses. Could it be they are all at odds with each other on HOW to defend this client?
They knew ICA was declared indigent. They took on this case as pro bono attorneys and it seems to me, they are setting up grounds for appeals with financial issues.
I was looking around to see if any appeals issues on JAC payments...I found Lenamon did argue with JAC flat fees and won his bid but seems he did have extraodinary circumstances or he's just a better attorney who knows how to argue his case :waitasec:....JMHO
http://caselaw.findlaw.com/fl-district-court-of-appeal/1503976.html
<respectfully snipped>
Lenamon was able to get more than the ridiculously low $15,000 flat fee but was limited to a mere $100 per hour for his time spent. From your link: "For the reasons stated above, the circuit court departed from the essential requirements of law by awarding compensation to Mr. Lenamon on the basis of an hourly rate that exceeds the maximum hourly rate authorized by section 27.5304(12)(d).  The proper method of computing the interim fee to be awarded to Mr. Lenamon is to multiply the number of his compensable hours by the capital felony rate of $100 per hour." Also he was only awarded 80% of his costs.
One particular paragraph caught my eye: "(A)pproximately three months before the double-murder case was scheduled to be tried, Mr. Lenamon filed a motion for interim attorney's fees.   In his motion, Mr. Lenamon requested an award of $69,225 in fees and an additional $3937.46 in costs and expenses.   Mr. Lenamon based his fee request on 553.80 hours to be compensated at the rate of $125 per hour.   Mr. Lenamon alleged that the $125 per hour rate was the prevailing rate at the time of his appointment.   The JAC promptly objected to the payment of Mr. Lenamon at the $125 rate and requested a hearing.   In its objection, the JAC noted that [t]he correct hourly rate is $100.00. So, as far as the JAC is concerned, Lenamon's request for $69,225 in fees and $3,937.46 in costs was excessive. Hmmm, I wonder how the JAC will feel about Baez frittering away $275,000?
Katprint
Always only my own opinions
BBM
Good question, but it appears as though JAC doesn't care, in fact JAC hasn't asked for the accounting of the $100,000+ of unaccounted for/"missing" money. I was very surprised by that, among other things.
Also, what happened during the very private side-bar, or in-camera, (can't remember now which it was many months ago) under presiding Judge Strickland when Baez was supposedly to account for all monies put forth at that point? Judge Strickland was apparently satisfied, which again makes no sense because even at that time, there was the glaring $100,000+ deficiency of the tally. Of course Baez shrugged this off with the lame excuse of, "I forgot my paperwork today." And that was the end of that.
So who's watching the chicken coop, the fox? Seems so.