2011.01.06 Baez Slapped with Formal Sanction

[Solace]

Is Lee now saying there was meat, ham and cheese in the trunk.
And soda can smell like decomp? huh?:waitasec: oy.

:cow:moo

He is certainly saying "maggots" and according to the forensic reports, NONE were found.

 

[Oakley]

Does this mean we can expect to see Baez carted off to jail next time?

Maybe that's what they meant when they said he'd pull off a "My Cousin Vinny." :crazy:

 

[logicalgirl]

When I approach a problem I always like to scrape off the icing, all the thingamagigs and whoopdedoos splashed all over the place and get down to the cake of the problem. (I like cake:cupcake: and it's my analogy)

So HHJP sanctioned Baez for two things - right? For first filing incomplete records on experts depositions and reports, and second for not meeting a precise re-filing date and time.

And Mason has tapdanced, tried a little shucking and jiving, promanaded to the left and the right, tried the hokey pokey, and just generally attempted to obfuscate the facts in HHJP's sanction coming up with additional information to prove HHJP sanctions were correct, by submitting expert information that was indeed not on said reports Baez has been accused of not filing, and second blaming the lateness on first Baez's faulty memory because he did not remember his junior aimlessly driving around in traffic for about six hours before returning defeated to the Baez corporate offices and flogging off this duty to an assistant.

May I repeat - What the ......?:banghead:

I know CM has been practicing for some 40 years or so, but may I suggest he got lot somewhere between the thingamagigs and the whoopdedo's on this cake.

Just for CM - may I present the basis for logic:

Definition of Logic
Logic
The science or art of exact reasoning, or of pure and formal thought, or of the laws according to which the processes of pure thinking should be conducted; the science of the formation and application of general notions; the science of generalization, judgment, classification, reasoning, and systematic arrangement; correct reasoning.

In other words Mr. Mason, your motion against sanctions is an "epic fail".

 

[jon_burrows]

It is going to be interesting to see if Casey is ordered to appear at what was supposed to be a status hearing Friday. I think HHJP would want her there if this motion is going to be argued. Not sure, just seems like a good idea to me....

IMO, she should be at every hearing. It's not like she has to pencil it in on her very busy schedule. She needs to be there so she can't come back later and say she didn't realize she had [unusual people] on her defense team.

 

[LancelotLink]

Also, from the hearing Baez states his reason for missing the deadline as:
"...I did not have all the documentation at that time and that's why I filed it ALL the next day. "
Mmmm. Mmmm. Mmmm.

 

[Intermezzo]

Defense only needed to submit the requested information on TWO of their experts, by 12 noon, December 14. This, IMO was doable.
Why they decided they needed to insert ALL, which reminds me of the excuses they gave wanting all the experts to sit in a circle together and discuss evidence, but I digress...
When asked in court why they missed the deadline, CM states, "I do not know."
JB stammers "Well, I needed to get ALL the CD's, and ALL this stuff, and ALL vitas, blah blah blah..."
Not one word about traffic. Not one word about CM's assistant (I guess she never informed him about WS and his failed attempt of emailing 300 pages, faxing 300 pages, driving 300 pages) GMAB.
If anyone misunderstood the court's rulings, it was the defense, and I believe it was a willful misunderstanding.
And I watched them all write the orders down as HHJBP spelled them out, even their incarcerated paralegal wriote it down. Then JB even rose for a clarification on the clarification.
I am not a lawyer, nor do I play one on TV. But, I understood the orders...
Once again, I'm not buying what they are selling. I hope HHJBP sees this as the load of piffle it is!!

bbm

That's correct And I agree, filing the 2 by the deadline was doable...

The Defense had until Dec 23 to submit the rest...

Even if he wasn't finished compiling the rest, the 2 that the Judge Ordered them to file on Dec 14 should have still been filed....unless of course he did not have them done.

:twocents:

 

[Scamperoo]

I thought CM was plotting something when he said to HHJP "It's been fun but I think we are done here", nothing says "fit of pique" better than the motion just filed. I bet the insolence won't extend to the non-payment of the fine though, not unless Mr.Mason wants another sanction lobbed in the defenses direction.

I love this thread I just couldn't stop laughing..

 

[A_News_Junkie]

YOWSERS - I did not see this new motion JB filed yesterday. I would not want to be standing next to him in the courtroom when this will be heard.

My other observation: how much time and money did JB expend to think up, and file this motion. Waaaay more than the $500+ sanction he was slapped with.

It is so very clear that JB simply does not get (1) the Florida Rules of Criminal Procedure regarding discovery and (2) the real issue here...his client is facing the death penalty. It's really not about you, JB.

For some reason you post makes me wonder if JB and CM are getting paid their "$3.00/hour" rate for writing motions about sanctions. I hope JAC prorates the payment to exclude payment for personal matters not case related!

 

[LancelotLink]

I thought CM was plotting something when he said to HHJP "It's been fun but I think we are done here", nothing says "fit of pique" better than the motion just filed. I bet the insolence won't extend to the non-payment of the fine though, not unless Mr.Mason wants another sanction lobbed in the defenses direction.

I love this thread I just couldn't stop laughing..

ITA!! I have been laughing all day about Jose's newest achievement!

 

[logicalgirl]

I propose a movement to keep this thread "live" for the next month cause I think there will be some "tough slogging" while these motions are being speculated on, heard and ruled on in the next while.

Whenever I open the Caylee thread I get such a warm buzz when I see the words (in bold!) Baez slapped with sanctions!

It just makes me think - aahh - all is right in my world! So even if we do one post a day, that will keep the thread in the top ten, won't it?



Hi Jose! :seeya:
We're doing this for you!
We know you love your name in print!

Bbwaaahaaa - so much me thinking we had to do a post a day to keep this thread alive - those Defense clowns are doing it for us. :great:

 

[TotallyObsessed]

For some reason you post makes me wonder if JB and CM are getting paid their "$3.00/hour" rate for writing motions about sanctions. I hope JAC prorates the payment to exclude payment for personal matters not case related!

No - JB is not getting paid (thru the JAC that is :innocent because he is a private attorney retained before his client was declared indigent. Therefore, per Fl rules, he won't get paid. CM, however, I'm not so sure about. But CM can always half his $3 bucks with JB, and with that and a quarter, they can call somebody who really cares....:crazy:

 

[TotallyObsessed]

I thought CM was plotting something when he said to HHJP "It's been fun but I think we are done here", nothing says "fit of pique" better than the motion just filed. I bet the insolence won't extend to the non-payment of the fine though, not unless Mr.Mason wants another sanction lobbed in the defenses direction.

I love this thread I just couldn't stop laughing..

Next, I would LOVE to see on the Court docket an entry for "judgment in favor of the Plaintiff, FOR WHICH LET EXECUTION ISSUE"

Hmmmm...come to think of it, I would like that entry to apply to KC as well as JB's sanctioned $$$$$:rocker:

 

[countzero]

Allllrighty now ... seems this motion is NOT stamped by the Clerk of the Court. Which means JB is still playing his games with HHJP by giving the media a copy of it PRIOR to actually filing it with the court ..... AGAIN.

I was so engrossed in the actual reading that it didn't hit me until now that there is not a court stamp recorded on it.

Oh JB the web you weave. And you got caught it in ...... AGAIN.

 

[faefrost]

Next, I would LOVE to see on the Court docket an entry for "judgment in favor of the Plaintiff, FOR WHICH LET EXECUTION ISSUE"

Hmmmm...come to think of it, I would like that entry to apply to KC as well as JB's sanctioned $$$$$:rocker:

So wait? You mean they have the option of executing JB too? If nothing else it would certainly add an increased level of honesty and civility to the proceedings.

 

[JSR]

1st paragraph BBM

ITA. Mason is playing with fire here. From what I could tell last hearing, he is threatening to challenge FRCP Rule 3.220 at the federal level. That rule of discovery is pretty darn clear to me. Quite the long shot, imo.

Mason is very PO'd that HHJP is holding their feet to the fire and forcing them to play fair. Mason doesn't take too kindly to any sort of authority. He likes to be in charge of the courtroom. Do whatever it takes - patronize 'em with flattery, intimidate 'em til they doubt themselves or baffle 'em with BS. I do believe he has met his match with Judge Perry and I think he knows it.

Mason is doing everything he can to keep this from going to trial in May.

I hope HHJP makes short order of this by slamming CM right along with JB with civil contempt and imposes the $500 per day fine.

OR ..... Clearly I don't work in the criminal law area but this sometimes happens in civil cases. Could Mason be trying to get an appealable issue NOW and file a Motion to Stay pending the outcome of the appeal? And in the interim allows the case to come to a standstill until the issue can be resolved by the higher Court.

Now bear in mind I'm not sure that this can be accomplished or even allowed in the criminal arena. But if this is allowed this might be Mason's angle.

 

[RR0004]

I hate to say this, but CM may have a point here. I have re read the motion a couple of times now:

From the Motion:

f. the prosecution (Mr. Ashton) responded on that same date asserting "The Court's Order required you to reveal "the substance" of the testimony of the witness. Such representation is inaccurate. See Exhibit "B" which required the defense to "...include the subject matter as to what the experts will testify to and the area of expertise for each expert.

Ok I think I got that word for word. So the argument put forth here is that substance and subject matter are two different things altogether, and I think he has a point. Subject matter would be what the botanist would testify to - plants at the scene, substance would be what the expert would say about the plants at the scene. So on this point, he is correct, in my opinion.

However, this point is moot because the last ruling by HHJP spelled out exactly what the defense had to produce - in writing. This is where the willful violation occurred and I got the impression the willful violation was the fact that the defense ignored HHJP's ruling as to the time the material was to be filed by. What I don't know is IF CM is correct in his stance that subject matter and substance are two different things and that they did, indeed, comply with the order, would that negate everything that followed, including the sanctions?

...again...JP has always said...if you need clarification...pick up the phone and ask. With the emails that were going back and forth, you can tell Baez was giving squat (substance/subject...whatever). He was making it a "control" issue...and the State went before the court to squash that behavior and get what they needed to move forward with the depos. You're right...now it's been spelled out and it's time for Baez to comply. JMO

 

[TotallyObsessed]

OR ..... Clearly I don't work in the criminal law area but this sometimes happens in civil cases. Could Mason be trying to get an appealable issue NOW and file a Motion to Stay pending the outcome of the appeal? And in the interim allows the case to come to a standstill until the issue can be resolved by the higher Court.

Now bear in mind I'm not sure that this can be accomplished or even allowed in the criminal arena. But if this is allowed this might be Mason's angle.

See...I just don't see that happening. Yes, for most competent attorneys it would be brilliant. But ... look who we are dealing with here. These guys are in this for one thing, and one thing only. PUBLICITY AND MONEY. An appeal would have to come out of their pocket and I don't for one minute see CM much less JB springing for the time and effort it would take to see something through on appeal.

I could be wrong.

 

[RR0004]

Defense only needed to submit the requested information on TWO of their experts, by 12 noon, December 14. This, IMO was doable.
Why they decided they needed to insert ALL, which reminds me of the excuses they gave wanting all the experts to sit in a circle together and discuss evidence, but I digress...
When asked in court why they missed the deadline, CM states, "I do not know."
JB stammers "Well, I needed to get ALL the CD's, and ALL this stuff, and ALL vitas, blah blah blah..."
Not one word about traffic. Not one word about CM's assistant (I guess she never informed him about WS and his failed attempt of emailing 300 pages, faxing 300 pages, driving 300 pages) GMAB.
If anyone misunderstood the court's rulings, it was the defense, and I believe it was a willful misunderstanding.
And I watched them all write the orders down as HHJBP spelled them out, even their incarcerated paralegal wriote it down. Then JB even rose for a clarification on the clarification.
I am not a lawyer, nor do I play one on TV. But, I understood the orders...
Once again, I'm not buying what they are selling. I hope HHJBP sees this as the load of piffle it is!!

BBM- OMG! This has to be the funniest thing ever!

 

[JSR]

See...I just don't see that happening. Yes, for most competent attorneys it would be brilliant. But ... look who we are dealing with here. These guys are in this for one thing, and one thing only. PUBLICITY AND MONEY. An appeal would have to come out of their pocket and I don't for one minute see CM much less JB springing for the time and effort it would take to see something through on appeal.

I could be wrong.

Yes, you make a good point. Plus I'm not even sure that it can be done in a criminal case.

 

[Marshmallow]

Allllrighty now ... seems this motion is NOT stamped by the Clerk of the Court. Which means JB is still playing his games with HHJP by giving the media a copy of it PRIOR to actually filing it with the court ..... AGAIN.

I was so engrossed in the actual reading that it didn't hit me until now that there is not a court stamp recorded on it.

Oh JB the web you weave. And you got caught it in ...... AGAIN.

what time did it show up on the new's site?