Tony Padilla Q&A

[Themis]

OK...I have finally read thru this entire thread and I admit I am not a legal eagle...but am I missing something? All this talk here had to do with people and events that happened a couple of months after the murder. Why is any of this relevant to Casey's guilt/innocence?

Statements KC made to the people who signed the contract could be admissable to show evidence of guilt, like admissions or confessions.

 

[Jolynna]

“Loose Certificates”
Preprinted notarial certificates designed to be attached to a document should be used only in rare
circumstances. Most documents will have a notarial certificate already printed on the document. Use
that certificate, but make it comply with Florida law, if necessary. If the document has no notarial
certificate, you should ask the document signer which notarial act is required for the execution of the
document (an oath/affirmation or an acknowledgment). At the signer’s direction, you may type or
print the appropriate certificate on the document below the designated signature line for the document
signer. Only in rare circumstances should you actually attach a “loose certificate.” If you do, be sure to
state in the notarial certificate the exact document and signature to which the notarization applies.

The last bolded statement says it all.

 

[Themis]

I have not read this thread sorry. But my first question is does the notary support the document she notarized? or don't we know? Here the notary has to note what kind of document(title of it etc.) she is notarizing otherwise separate jurats could be swipped and swapped all day long. TIA

No logs are mandatory in Florida. However, even when logs are kept, they are just a general description (like "deed") and do not describe the terms. Notaries only authenticate the identity of the person based on identification provided by the person or personal knowledge and nothing else.

 

[Pattymarie]

Statements KC made to the people who signed the contract could be admissable to show evidence of guilt, like admissions or confessions.

Well that certainly explains it...so are we thinking she made such statements...and JB is doing everything he can to discredit the individuals to whom she made these statements?

 

[Themis]

Well that certainly explains it...so are we thinking she made such statements...and JB is doing everything he can to discredit the individuals to whom she made these statements?

Not only discredit them generally, but JB is seeking to prevent them from testifying (prohibited by the courts and evidence laws) on the basis of attorney-client privilege because anyone the attorney contracts with or the attorney's staff are covered by the attorney-client privilege.

However, that is another whole issue. The attorney-client privilege only applies when the attorney is providing attorney-client services and IMHO, would not apply to "security" services. That is not part of criminal defense work an attorney does.

 

[spqr]

Staple marks - the document has to be taken apart for copying.

I must disagree. Documents can be folded over at the corners...meaning one paged flipped behind the other to make copies. Not necessary to remove staples.

 

[Woe.be.gone]

Wondering if Baezs' inexperience was the reason for not notifying TP, LP et al..or if it is a delay tactic? or was he being underhanded and hope that the judge would rule on the motion that same day and TP,LP etc...would be none the wiser?

It's not the first time in this case Baez has brought forth a motion and did not send copies and notify all parties involved.

So do we still chalk it up to inexperience at this point? IMO I am not buying that arguement any longer, at least when it comes to submitting motions and notifying the correct parties.

Yes and doesn't JB have an in and an out basket in his office? Does he not employ a Legal Secretary? It should not be that HE runs around all day making copies, doing mailings, etc. There are systems in place within offices where copies are mailed out automatically by assistants and such. I find a lot of the missing details puzzling indeed. Filing a Motion - Notify concerned parties, make and send notices, have copies prepared, gather important originals, place in JB inbox for his briefcase. You'd think preparing for a court appearance would involve some structured steps and a check list - no?

 

[MissJames]

Well that certainly explains it...so are we thinking she made such statements...and JB is doing everything he can to discredit the individuals to whom she made these statements?

No,it's Leonard Padilla,the Bounty Hunter,his nephew ,Tony Padilla,the bail bondsman,and Tracy ?,and Rob Dick.
Jose' is claiming that 1. there is a privacy agreement all signed so they can't talk to the SA , and 2. that they were working under his authority,therefore part of the defense team .Anything they heard or saw is privilaged.
Tony Padilla has said that the Privacy agreement Jose' gave the judge in court is not the one he signed.He had a seperate agreement from LP.Jose' only brought questionable copies to court,not the original,so the SA has asked to see the originals.
We are now waiting for the fallout.

 

[Woe.be.gone]

I think that, if Baez truly thought he could get this past the judge- with a faked document, then it was a deliberate tactic, to not notify the people involved.
I think he grasps at straws, he uses what's available at the time, but I don't think he thinks things out, I don't think he is that devious.

Isn't there a saying "Dumb as a Fox" for this? No, devious he just may be.

 

[Jolynna]

I noticed that each signature page was created separately. There is nothing on the signature page that identifies it with going with that contract, like a header or a few lines of test from the precedent page. Normally, it is good legal practice to have at least two lines of text from the previous page even if the previous page's bottom margine is very long. There is nothing on the contract text pages that prove these contract pages were the same pages present at the time of the signing or the time of the notarizing of the signature (which should have been simultaneous). Mr. Padilla says this isn't the contract he signed. The validity of this contract as being binding on the parties is contested and therefore not established as a fact. Without page numbering, two lines of text, initials on the pages, no copies kept by notaries, no copies provided to the other contracting parties and so much at stake in a death penalty criminal case, it is hard to see how the authenticity of this document can be proven by JB. This is an example of trial by ambush -- to possibly take a document with alleged switched pages, no testimony from the person against whom the document is meant to be enforced (TP) and proffer it to the court based on the attorney's oral offering alone, without allowing the prosecution to check out the authenticity (how would they know the pages were switched without having the exact copy that JB was offering in court as the original?)

Great post!

I totally agree with you. Nothing ties the contract to the signature pages.

Baez didn't cover Casey's fanny at ALL with this paperwork. Before the hearing I took it as a given that there WAS a tight contract and that what was going to be argued during the hearing was whether or not such a contract made Tony, Leonard, Tracy and Rob "agents".

Now, one of the signatories is saying he never signed THAT contract. Good luck to Baez proving he did. A few simple measures could have made it VERY hard for anyone to make that claim.

JMO

 

[SeriouslySearching]

I wonder if Tony is ever going to come back?!

 

[Spangle]

2 business days. He has had time to take care of this. How can we find out if he has?

OR will we have to wait until the next hearing?

 

[Numbers]

Isn't there a saying "Dumb as a Fox" for this? No, devious he just may be.

Foxes get caught in traps.

Or hunted down by cunning DAs.

Or cut down to size by state Bar Associations.

 

[SeriouslySearching]

Not sure, but there is to be a new doc dump soon. I haven't found anything on Strickland's rulings on the motions from the other day.:

Prosecutors have also handed over more evidence for the defense to inspect in the murder case (read document). The defense received a photo that investigators recently took of the tattoo Casey got on her back in the weeks after Caylee disappeared, which reads "La Vita Bella." The tattoo is Italian for "a beautiful life."

The defense also received 1,700 more pages of documents, eight more photo bucket files and FBI records. It's unclear when that evidence will be released to the media.

http://www.wftv.com/news/20548234/detail.html

 

[Spangle]

Law offices have to remove staples and copy all the time. If there is a representation in court that the document is the original and the other person who signed it says it is not, there is a fact that is in dispute. If a legal instrument, will, contract, mortgage or other document is a very important legal document it is important to have some method of proving that all the pages are there. One way to do that is to have each person signing the document initial the bottom corner of the page and number the pages. It's just good legal practice to do that. Otherwise, there is a risk that someone with a lot at stake could switch pages. It would be very wrong for an attorney to offer something to the court and represent it was the intact original document (regardless of if staples were removed for copying -- as long as it was re-assembled correctly) if in fact that were not true. There are rules of professional conduct and attorneys may not intentionally tender false evidence to a court.

Yep, I totally agree and get everything you say.

But since this document didn't have those protection measures in place, and it's now in dispute, what now?

I think this is important info for all of us to have/know.

This document was also to prevent those 4 from making any money off this deal. (Well, prevent them from discussing making money.. I guess they can do it, just not talk about it...)

With TP disputing the copy that JB filed with the court, Doesn't JB have to respond at this point. And if he dosn't, does that mean the document is no longer valid?

Also, if there are 2 contracts as TP states and JB did combine them to make it seem like 1 contract they all signed, and filed that with the court.. Does that nulify the individual contracts?

I'm just trying to figure out at what point a person claim the contract is void.

 

[SeriouslySearching]

Tony said he didn't expect them to be contacting him. It would seem to me that his testimony would be needed to verify the existence of the second document and his signature page since this is the issue. Wouldn't the judge want to speak to him directly?

 

[whiteangora]

I wonder if Tony is ever going to come back?!

He was here last night very briefly and said he'd stop by again when he had time.

 

[Themis]

Yep, I totally agree and get everything you say.

But since this document didn't have those protection measures in place, and it's now in dispute, what now?

I think this is important info for all of us to have/know.

This document was also to prevent those 4 from making any money off this deal. (Well, prevent them from discussing making money.. I guess they can do it, just not talk about it...)

With TP disputing the copy that JB filed with the court, Doesn't JB have to respond at this point. And if he dosn't, does that mean the document is no longer valid?

Also, if there are 2 contracts as TP states and JB did combine them to make it seem like 1 contract they all signed, and filed that with the court.. Does that nulify the individual contracts?

I'm just trying to figure out at what point a person claim the contract is void.

The problem is it wasn't disputed as to authenticity in court at the hearing on the motion. TP raised the issue of authenticity after the hearing. Therefore, although it is disputed "in the court of public opinion" in order for that challenge to be timely and heard by the judge to consider this, it would have had to be presented in court at the hearing on the motion. Now, there is a way within a very few days after a hearing and before a decision that the prosecution can bring a motion for new evidence and reconsideration, but it has to be something they couldn't have anticipated and guarded against when preparing to respond to the original motion. One would hope that since the alleged agreement was attached to the motion that someone in the SA's office would have contacted the people who allegedly signed it and asked if that was the document they signed. Since TP is just now bringing this up, there is a suspicion that that didn't happen. If it didn't happen, the SA may be stuck with the court's considing it a binding document that TP signed and ruling on it without ever knowing that TP would testify, if called, that it is not the document that he signed. So, there is a worry here.

 

[Bittiness39]

I was just curious if TP believes/knows/speculates that the SA's office has irrefutable evidence that KC is Caylee's murderer...By that, I mean a smoking gun.

Thanks for coming by and taking the time to answer all of our questions. Sincerely.

 

[john's mom]

Yep, I totally agree and get everything you say.

But since this document didn't have those protection measures in place, and it's now in dispute, what now?

I think this is important info for all of us to have/know.

This document was also to prevent those 4 from making any money off this deal. (Well, prevent them from discussing making money.. I guess they can do it, just not talk about it...)With TP disputing the copy that JB filed with the court, Doesn't JB have to respond at this point. And if he dosn't, does that mean the document is no longer valid?

Also, if there are 2 contracts as TP states and JB did combine them to make it seem like 1 contract they all signed, and filed that with the court.. Does that nulify the individual contracts?

I'm just trying to figure out at what point a person claim the contract is void.

:floorlaugh:

:ziplip: