Baez Files 8 Motions In Case

[FLjay]

http://www.wesh.com/download/2008/1006/17633458.pdf p 03/06

4. The defendant has hired an expert to conduct similar testing of the vehicle in question in preparation for trial and to rebut the findings of the State experts as regards the testing conducted on the vehicle....

nothing like an unbiased expert. < / sarc>
.

 

[Chezhire]

snipped:
I think the only thing Baez is going to get with all these requests is the Children Services report ..."

He could get this information if he properly (i.e., filled out the appropriate request paperwork) asked the right entity (i.e., not the court) for it in and went through the appropriate process to do so.

 

[Chezhire]

Did he say "the defendant repspectfully PRAYS?" I've never heard that one before..it's on the last page.

every court pleading has to contain what we call a "prayer" for the relief requested - it's legal jargon.

 

[Nore]

I have no legal training.I am just guessing so if it is totally off the wall please excuse me.Is it possible JB. is trying to rush LE. forward on this trial as to KC killed Caylee? Could there be a real bombshell no one knows about except the A's. and now JB? He could be trying to get it to trial before this is discovered thinking as it stands he may get her off with manslaughter~the old accident routine.I've been thinking this way and when I heard of his requests~he is not stupid,he knows they have to charge her before he gets the "paperwork",trying to push LE along..Maybe LE IS close to finding the body.IMO. as I said,just a thought.

 

[RR0004]

Okay I'm reading the motions for the first time just now - Baez keeps stating cases in which evidence wasn't given to the defense team for these items to be tested in the defense case - am I missing a charge here? Did Casey get charged with murder? Because these motions make no sense - Casey's rights under the constitution have not been violated, because according to Baez, the authorities have hogged all the evidence - well all I can say is Mr. Baez, get your client off her duff and go get evidence! Honestly, if Casey was honest to begin with there wouldn be all this evidence! if Casey wants evidence tell where Caylee is, dead or alive - there thats the big bang right there! Baez could be the hero!

I think the only thing Baez is going to get with all these requests is the Children Services report - he won't get the travel, nor the evidence testing, nor the polygraph testing info, and definately nothing to do with Zenaida

Also in the motions Baez keeps referring the charge to be neglect and all this evidence is for murder, not the neglect - the neglect is stemmed from the 30 days to report her daughter missing Baez knows this

Like I've said before and I stand by my statement, Casey does not come off as an honorable forgiving person - just by her actions, statements and what her friends have said, my guess is that Casey holds a grudge and would get back at these people - Zenaida, even tho there is no Zenaida who babysat and this is not the Zenaida, I can see problems here - plus if I were Amy, Jesse or any friends that have done interviews where Casey could see them, she will try to get back at them

maybe we'll have a solicitation to do harm charge also come up

From reading his motions I also get the distinct impression that there is other information that the prosecution has not made public.

 

[Faithful1]

From reading his motions I also get the distinct impression that there is other information that the prosecution has not made public.

EXACTLY!! I don't have a link but the news is reporting that there will be NEW evidence released to the public very soon. This could be what JB is biting at the bit to get at IMO.

 

[DollyPardonMe]

I looked up the info on Orange county clerk site it shows.

Current Judge: STRICKLAND, S A

10/3/2008 A DEMAND FOR DISCOVERY AND INSPECTION RELATING TO DIGITAL FORENSIC EVIDENCE FILED
10/3/2008 A DEMAND FOR DISCOVERY FILED AND INSPECTION RELATING TO POLYGRAPHS

Judge Strickland is the Judge who set Casey's bail at $500,000. So, if he is the Current Judge there's no way he's going to let her get out of her home confinement to go to her secret places to look for Casey. :clap:

 

[RR0004]

EXACTLY!! I don't have a link but the news is reporting that there will be NEW evidence released to the public very soon. This could be what JB is biting at the bit to get at IMO.

I think this case will come to a head very soon. Not much has been coming from LE as of late. I think this is scaring the patooties out of JB and the As.

 

[RR0004]

Judge Strickland is the Judge who set Casey's bail at $500,000. So, if he is the Current Judge there's no way he's going to let her get out of her home confinement to go to her secret places to look for Casey. :clap:

I'm not worried about that either, but I wonder why JB would put his (ridiculous) self in this position. It surely can't help his reputation.

 

[2goldfish]

Judge Strickland is the Judge who set Casey's bail at $500,000. So, if he is the Current Judge there's no way he's going to let her get out of her home confinement to go to her secret places to look for Casey. :clap:

I think they will let her go, although with an escort or official of some kind (officers? YM? someone trustworthy) cause at the end of the day there is a missing child and if there is a chance she is alive and KC knows where or (more likely) dead and KC could inadvertently lead them....they cant take the chance to say no...


yeah we all know she is full of it, but no one else is - they cant let that small chance slide.

 

[lin]

Thanks for searching for it.

Wonder what it has to do with regarding neglect and theft.

Can't get get introuble for filing stupid things??

Sure one can; and like the other poster, will have my popcorn ready when Judge goes through these motions. We should have a viewing party. Should be a riot.

And a note to the other poster -- you're correct, imo, motion practice. Wouldn't surprise me if the court comments on it. Anyone can cite things; doesn't mean it's applicable, correct, timely or relevant. I've seen lawyers with a LOT more experience than him totally misrepresent what a case or rule stands for, I suppose hoping no one will check. Sometimes so obvious, they can't have misunderstood it. I've also seen cases cited that had absolutely nothing to do with the facts of the case. "You must overturn this because _____ v _______ was overturned, blah blah blah." Well, the thing is, _____ v blank isn't apples/oranges with the facts of the case, it's more like airplane engine parts/oranges.

What I'm trying to say here is that unless you look up each rule or case cited and understand what each stands for, please don't assume that JB got it right, whether deliberately or unintentionally.

 

[AZRiverRat]

I disagree. I think evidence that the child in question in a child neglect case might actually be DEAD is very much admissible. if the evidence shows she IS dead, it means CA lied to LE and the making false statements/obstruction charges hold up. if the evidence in the trunk shows that she isn't dead, it backs up Casey's story more. notice that in these motions Baez makes no mention of pending homicide or murder charges.

yes, that is all Baez is entitled to or deserves, in your opinion. the legal system, however, does not run on the basis of public opinion. complain about it all you want, but we don't live in Indonesia, and, guilty or not, we all have the right to a fair trial.

LE will only submit evidence that relates to the current charges. If they submit evidence that is related to the murder of Caylee, they wont be able to use it in the homicide trial. JB makes no mention of the pending murder charges, because she hasnt been formally charged with murder yet.

Is there any possibility that Baez can pull out after the forgery/neglect case is over? I would think if LE waits till after this trial to charge her, Baez wouldnt have to represent her. Does he have to represent her in the murder charges if the indictment is brought during the pretrial of the current case?

He needs to cut his losses and RUN! If all else fails, he can always work towards a change of venue, claiming kc wont get a fair there.

 

[tiredofthis]

I think they will let her go, although with an escort or official of some kind (officers? YM? someone trustworthy) cause at the end of the day there is a missing child and if there is a chance she is alive and KC knows where or (more likely) dead and KC could inadvertently lead them....they cant take the chance to say no...


yeah we all know she is full of it, but no one else is - they cant let that small chance slide.

Unless LE knows for a fact that Caylee is deceased and they just haven't charged KC yet.

 

[Seranade]

LE will only submit evidence that relates to the current charges. If they submit evidence that is related to the murder of Caylee, they wont be able to use it in the homicide trial. JB makes no mention of the pending murder charges, because she hasnt been formally charged with murder yet.

Is there any possibility that Baez can pull out after the forgery/neglect case is over? I would think if LE waits till after this trial to charge her, Baez wouldnt have to represent her. Does he have to represent her in the murder charges if the indictment is brought during the pretrial of the current case?

He needs to cut his losses and RUN! If all else fails, he can always work towards a change of venue, claiming kc wont get a fair there.

If the neglect charges come to court, the jurors are going to want to know what has become of the child. The prosecutors are not going to be able to avoid bringing up the possible homicide of the child unless they intend to tell one court Casey is merely guilty of neglect and another court that she is guilty of murder. That won't fly.

 

[bobodedoo]

LE will only submit evidence that relates to the current charges. If they submit evidence that is related to the murder of Caylee, they wont be able to use it in the homicide trial. JB makes no mention of the pending murder charges, because she hasnt been formally charged with murder yet.

Is there any possibility that Baez can pull out after the forgery/neglect case is over? I would think if LE waits till after this trial to charge her, Baez wouldnt have to represent her. Does he have to represent her in the murder charges if the indictment is brought during the pretrial of the current case?

He needs to cut his losses and RUN! If all else fails, he can always work towards a change of venue, claiming kc wont get a fair there.

He can represent her on any other charges filed against her, but he doesn't have to ... it all depends on whether KC wants him to and he also wants to as well. Retention of JB, since he's not court appointed, is KC's decision alone.

 

[Nosey Parker]

... I really think an inditement is coming soon. The D. A., IMO, is not going to try Casey on Child Neglect if it would preclude being able to charge her with murder at a later date. Has it been made clear as to whether or not this would be true? I have heard both said.

See, I think this depends on the evidence put forward in the Neglect case. If they are going to proceed, the DA has to be so careful what they use, but I believe they can get a "guilty" on neglect, without introducing the possible death issue. Done carefully, they can use the 31 days not reporting, blah, blah, blah, and that LE does not know where Caylee is, and KC did not cooperate, even when CA reported. Does that make sense? (First cup of coffee for the day). That's the discovery that JB is entitled to at this point, IMO.

** edited to add, I finally read the latest motions, and I still think JB is gearing up to cause double jeopardy, by attempting to force murder investigation evidence into the Neglect trial. JMHO.

 

[SeriouslySearching]

Unless LE knows for a fact that Caylee is deceased and they just haven't charged KC yet.

Bingo! I think the Neglect charges will be dropped right before and the other charges will be filed to prevent any problems with DJ.

 

[DianeB]

Does anyone know what the state of Florida has to prove in order to successfully prosecute for neglect?

 

[SeriouslySearching]

Sure one can; and like the other poster, will have my popcorn ready when Judge goes through these motions. We should have a viewing party. Should be a riot.

Probably won't last very long, but should be worth watching! I can't wait until we hear what wisdom Judge Strickland imparts on the motion for travel. I am sure it will give us another quote to dangle around here.

 

[sarah7855]

See, I think this depends on the evidence put forward in the Neglect case. If they are going to proceed, the DA has to be so careful what they use, but I believe they can get a "guilty" on neglect, without introducing the possible death issue. Done carefully, they can use the 31 days not reporting, blah, blah, blah, and that LE does not know where Caylee is, and KC did not cooperate, even when CA reported. Does that make sense? (First cup of coffee for the day). That's the discovery that JB is entitled to at this point, IMO.

Bolded by me.
Exactly. Because these are the facts...she did not report the child missing for 31 days, and the child is still missing. If LE is careful about what they say and how it's said, they can stick to the basic facts (she's still not been located, and her mother has not cooperated), and save the other evidence for later. It makes sense to me, but I'm still on my first cup of coffee too!
I get what JB is trying to do, which is trying to force LE to show their whole hand now, and rush the case along. And technically, yes, the fact that there are test results show that decomp was in KC's car does back up a neglect charge. But, LE can prove that she neglected her child without all those results: SHE ADMITTED THAT SHE HAD NOT SEEN HER CHILD IN 31 DAYS AND DIDN'T REPORT HER MISSING. That's neglect alone!

Man, I can't wait for Friday for Judge Strickland to rule on those motions...!