Emergency Hearing 12/16/08 UPDATE: Motions Denied

[tangerinemoon]

"Baez said he wants his own experts to examine the remains, and fears the FBI could destroy that evidence after the remains are identified."

http://www.cfnews13.com/News/Local/2...it_caylee.html

Wow, he is really trying to start a fight with the FBI, isn't he?
Whatever.

 

[alwaysonmymind]

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

From what I understand- LE is not required to hand over evidence that is still being investigated, tested, verified...etc. This is considered an ongoing investigation.

After they have COMPLETED their investigating, testing, verification...etc- then the defense gets it.

Legal eagles, if this is incorrect, please correct me.

 

[s1rebecca]

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.

I believe you are correct. In court last week the judge said once the body is definitively identified and the ME is done with their autopsy they will release the body to the family (KC I assume) or defense to do an autopsy or burial whichever. I do not think they have to release all of the photos and videos only what they are going to use for prosecution am I correct?

 

[Spangle]

I am not a lawyer, but I cannot see how the motions would be granted before a positive identification has been made. JMO

I"m not a lawyer either.

LE all ready said they will willingly turn over the area to them. I don't see how they can do it any sooner then when they are DONE processing it.

As for pictures, etc from the scene, stuff like that... The LE are not even done collecting such stuff.. To insinuate they are being purposely kept from them.. Is harrassing the court. And that is my question.. can this group be allowed to keep harrassing the court with stupid stuff??

Since bones are still being found, they are not even finished collecting the remains...

 

[Spangle]

Huge waste of tax payers money again.

I think Baez will once again get a "spanking" from the judge.


IMO

Speaking of money.. have they paid the $980 they owe? If not, they shouldn't be allowed to waste more tax payer money on these emergency hearings, etc.. that are a waste of time. They all ready KNOW what the answers are. This is just harrassing the court and Judge.

 

[Spitfire4ever]

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

 

[mydailyopinions]

It must take a certain kind of person to be a defense attorney, I honestly don't know how some can sleep at night!

 

[DianeB]

Does anything prevent Jose & co from hiring a helicopter and getting an aerial sneak preview of Miss Casey's personal landfill?

 

[TopGunner]

The Peterson case destroyed Mark Geregos' career and reputation...you'd think KC's dream team would learn from this.

 

[Amster]

Good one, Jose! The FBI is going to destroy the skull??
Fox is getting ready to talk about the hearing......after the 73 commercials....

 

[racegirl72]

Deputy C. Padilla on MSNBC now....
says they're still finding new evidence....
says taking fingerprints from the A's is standard procedure and the A's
are cooperating ......and says they'll stay at crime scene as long as it takes, no time line....

 

[dr dona]

no official ID yet- LE still at crime scene- This defense team is nuts- huge huge waste .

 

[tangerinemoon]

http://media.myfoxorlando.com/photogalleries/121608photographmotion/indexGallery.htm

Motion to compel photographs


Continuing request for second autopsy:
http://media.myfoxorlando.com/photogalleries/121608secondautopsymotion/indexGallery.htm

 

[s1rebecca]

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.

 

[racegirl72]

Is requesting pictures and video different from wanting the actual items in a court of law???? Just curious....and is the judge able to deny the emergency motion before it's heard?

 

[bailee]

Which is it Baez you wanted your peeps to tramp through the "burial" site, but the FBI will destroy evidence HMMMMPH

This should be a good hearing
Someone should give Mr. B a procedural law book!
IMO

 

[racegirl72]

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.

AMEN!!!:woohoo:

 

[raeann]

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.

 

[DianeB]

Jose should just ask Casey what she left with the body. It would save a lot of time and taxpayer money.

 

[BCMom]

Jose should just ask Casey what she left with the body. It would save a lot of time and taxpayer money.

Oh my gosh, that's funny, lol. Maybe you could send this to Jose, lol.