Nejame Files Motion to Strike for TES/Baez 7/16/09 Motion

bunnyphoenix1 said:

It looks like the battle will continue elsewhere on another day!

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Yes, this particular motion was weak.

Bobby62 said:

Phishing, fishing. Defense, defence. In the words of the crackhead heard round the world, "Can't we all just get along? :crazy:

The part I am confused about is it seems that Judge S is now walking JB through how to properly word and file his motion. I would think he would have denied it just on technical merit and not even have had to address Mr. Nejame's response. He should have never even made it up to bat with a motion asking for things he has no right to have. Judge S should not be explaining to attorneys how to write motions. He should have merely denied and stated why.
I reckon I aint doin' surgery 'cause I don't know how.

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I thought that was interesting as well, but I suppose he didn't want more paperwork directed at him.

DotsEyes said:

Truthseeker - I agree. The State is playing games with production.

As for MN's responses to JB's motion, it is adequate - nothing special. JB can re-do his SDT with a supboena. And, since TM said that searchers were in that area on 2 occasions, I don't know how NM can say they didn't search that particular area and make JB take his word for it.

JB needs to go take TM's deposition.

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Your system is quite different to where I live...when you say he can take "TM's deposition", is that like we see on tv where they sit down with the witness at a conference table with the lawyers etc and ask questions? Can criminal lawyers do that with potential witnesses pre-trial? We don't have "depositions" where I come from.

Bobby62 said:

Phishing, fishing. Defense, defence. In the words of the crackhead heard round the world, "Can't we all just get along? :crazy:

The part I am confused about is it seems that Judge S is now walking JB through how to properly word and file his motion. I would think he would have denied it just on technical merit and not even have had to address Mr. Nejame's response. He should have never even made it up to bat with a motion asking for things he has no right to have. Judge S should not be explaining to attorneys how to write motions. He should have merely denied and stated why.
I reckon I aint doin' surgery 'cause I don't know how.

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Where I come from the Judge usually gives his "reasons for judgment" for the purposes of future proceedings. That way people can review his reasoning to see if he fell into appellable error.

bunnyphoenix1 said:

I'm not sure what other cases MN has at the moment...but I do know JB is probably barely sleeping trying to keep up with all that is coming at him. He has a huge responsibility in this case.

I'm not sure which motions you are talking about that weren't filed properly, but so far, he's won pretty much every motion he has filed.

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Well, you're right, you don't know what MN's schedule looks like, but that didn't stop you from passing a judgment that he surely had more time than Jose' Baez. Baez will NEVER be half the attorney that MN is. It probably did take MN less time to put that response together than it took Baez to toss his motion together (half assed). My guess would be, because MN actually knows the law.

I do however wonder if we're following the same case here?

Today he was unchallenged and got the right to inspect the site where Caylee's remains were found. Is this your idea of a win? Please keep in mind, he was not granted the right to attend or even observe while LE was going over the scene (another motion Baez lost). ALSO, he was denied the right to have someone on his team attend the autopsy (this is 3 motions in 1 paragraph).

Today, he lost and prosecutors will NOT be removed from the case.

Today, he was denied the right to view all of EquuSearch's documentation.

Earlier, he won one where prosecutors were prohibited from destroying forensic evidence. Sorry, no motion was needed, as it's already a part of their ethical code. At this same time and here is a direct quote from the judge on the part of the motion that was denied with this ruling, "Specifically, the portion of the defendant's motion which seeks to halt the handling and analysis of any and all forensic evidence is denied. The court knows of no authority or logical reason why the state should be prevented, even temporarily, from further analysis of relevant evidence." Again, Baez couldn't couldn't put a motion together properly if his very life depended on it.

Earlier, he won the right to discovery, but no motion was needed because he would have gotten that discovery without filing that particular motion. I clearly recall Baez jumping the gun on this one.

He lost the motion asking the judge to rescind his order forcing Casey Anthony to attend every court hearing. She WAS in court today.

WAY back, he lost the motion to withhold the release of the jail videos. The judge sided with First Amendment rights.

This is far from an all inclusive list, but at the moment, I can't think of anything else. I can think of a few where he was successful, but a VERY FEW. Perhaps you can refresh my memory?

Shavaun said:

NeJame creamed Baez is court.

imHHHHHo.

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You can say that again!

bunnyphoenix1 said:

The legal term is actually a "fishing (not phishing)expedition". Like when you throw a hook in the water hoping to catch a fish!

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Uhh... that's a joke/pun-- bunny. Like when someone "phishes" your personal information for nefarious means by misleading you.

Sunshine = doc dump = 4,000 innocent people might get their identity stolen, because JB went on a fishing expedition with or without GR.

treciama said:

Nejame's filing to fight B's attempt to get every piece of paper that Equusearch had is a thing of BEAUTY!!

Among my favorite points that he makes are the following:

1. Florida courts have no power to order Texas-based Equusearch to do anything.

2. B's scatter-shot request for every piece of paper is proof that he has NO clue whether there's any relevant info so B fails to meet the MINIMUM requirement to force a someone to spend their life amassing private records to turn over.

3.(AND THIS IS MY FAVORITE!) B has a history of demanding records and then failing to even pick them up OR pay the fees for the reproduction costs.... so Nejame asks B to pay IN ADVANCE and PROVE that the funds used to pay the reproduction fees COME FROM LEGITIMATE SOURCES!!!

So, I'm loving this filing. To check it out for yourself, go to:

http://www.wesh.com/download/2009/0129/185974...

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Loved them all. Great motion, shot Baez's down...and thanks to Judge Strickland for Denying Baez's motion as well
bold me
REALLY!!!!! proof from legitmate sources...leads me to think he knows something....HMMMMM

DotsEyes said:

Truthseeker - I agree. The State is playing games with production.

As for MN's responses to JB's motion, it is adequate - nothing special. JB can re-do his SDT with a supboena. And, since TM said that searchers were in that area on 2 occasions, I don't know how NM can say they didn't search that particular area and make JB take his word for it.

JB needs to go take TM's deposition.

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Red above mine.

Dot, were we watching the same hearing? Mark mopped the floor with Baez!

TruthSeeker said:

IMHO Nejame should not handle this case because he was counsel for the parents.

Tim's assertion that there is not proof that he searched in that area is wrong, he himself said he searched that area.

The statement that Baez had requested tip info then not picked it up is pretty poor. It is true that Baez requested that info, but Law Enforcement made up a disk with primarily psychis tips which caused a financial hardship on this defendent in my opinion. The family would have had to pay over $900 for the worthless psychic tips before having another disk made up of legitimate tips resulting in another $900 for a second disk.

Why so many games by LE? You would think that they would not want to do anything to mess up their case and cause any reason for a mistrial or an appeal! This "game" by the prosecution needs to stop!

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Baez requested the tips KNOWING they were bogus-- thousands of tips, nothing ever checked out. That there WERE no legitimate tips that Caylee was seen in TX, NY, PR, etc, is evidenced by the fact that she never left the area alive. Most of the tips were made by people who wanted attention, and well-meaning people who wanted to help, and imagined that they saw Caylee.

Where are you getting the idea that there were separate disks with "legitimate" and "non-legitimate" tapes? Please post a link. Thanks!

BTW-- Did JB ever pick up the tapes and read the content to evaluate the material? Thanks again.

The question is, why did he request thousands of bonus tips, to begin with.

IMHO, it's the counsel for the defense who os playing games. He's flailing.

TruthSeeker said:

It is very important to establish if any searcher had looked in that area to establish if the bag was there when they searched.

Why do you all want people to withold evidence or make it difficult to find out the truth? It is only your opinion whether or not Casey knew that body was there.

If it was seen but wasn't looked in, then so be it. At least it would prove it was there! I am sure there were bags people did not look in or see on the searches for one reason or another. You ALL should want to find out the truth!

Do you want the jury to have a doubt that the bag was there because Tim is mad and doesn't want to aid in the defense at all? If that comes out during the trial it will only help Casey. IMHO this is a game that may backfire on the prosecution.

Think about it!

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Nobody's witholding anything relevant. JB has a public record for scattershot requests, with no follow through.

He was allowed access to the area, right after it was searched for remains. He said "no" weeks later he comes back and demands access for an "entymologist" who isn't even on the witness list.

The guy is desperate.

He didn't even SPECIFY area, when he filed his motion!

bunnyphoenix1 said:

I'm not sure what other cases MN has at the moment...but I do know JB is probably barely sleeping trying to keep up with all that is coming at him. He has a huge responsibility in this case.

I'm not sure which motions you are talking about that weren't filed properly, but so far, he's won pretty much every motion he has filed.

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Actually, he hasn't. Quite a few of his motions have been tossed, with a couple of tongue-lashings by judges. One judge told him to "do his homework."

anyone hear Greta last night say that now BC wants full records of TES and searches?? or was I dreaming??

I don't understand why JB would file for ALL of TS's records related to the search for Caylee. I don't know exactly what kinds of records TS keeps, but we know there were 4,000 searchers...why would JB even want all that information? Couldn't he just file for the actual search area information? Like file just for any records/reports that TS has related to that area or even any records/reports of all the areas that were searched. I would imagine TS has something like just a Grid Search Area Report, a general synopsis of what happened at each area that was searched. Wouldn't that be more reasonable and have a better chance of being allowed by the judge?

DotsEyes said:

Truthseeker - I agree. The State is playing games with production.

As for MN's responses to JB's motion, it is adequate - nothing special. JB can re-do his SDT with a supboena. And, since TM said that searchers were in that area on 2 occasions, I don't know how NM can say they didn't search that particular area and make JB take his word for it.

JB needs to go take TM's deposition.

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How about the vids on TV SHOWING that the area was underwater?

Shavaun said:

NeJame creamed Baez is court.

imHHHHHo.

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Baez always seems so totally incompetent. I really worry about that more than anything, that a new defense somewhere down the road might cite his gross inability to provide competent representation as justification for a new trial, be upheld, drag this on for years and delay justice for Caylee. It seems so apparent to me. Everyone in court appears to outshine him by leaps and bounds. Not only Nejame but all the prosecutors, the attorneys for the coroner. More than half the time, most of the time, he doesn't seem to have much idea what he's doing. He just stumbles and fumbles. He uhms and ahs and whines. He makes it up as he goes along. LKB doesn't really look much better, although at first I thought she would be. She just sort of seems to blather. They both seem to be flyin' by the seats of their pants. Isn't there anyone in FL who could get him off this case? As amusing as it is, and somewhat gratifying that KC seeminly chose such an apparently bad lawyer, which is of course just my humble opinion, I don't want having had him to mean a retrial later on down the road. Can't somebody in the FL legal arena do something?

camcneishg said:

anyone hear Greta last night say that now BC wants full records of TES and searches?? or was I dreaming??

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correction...The A's have now sent a letter to TES requesting all records....

camcneishg said:

correction...The A's have now sent a letter to TES requesting all records....

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If this is true, it makes no sense to me at all. The A's are witnesses only in this case. What right do they have to any of TES's information? Are they now attempting to run their own "KC Defence Team"?

Nosey Parker said:

If this is true, it makes no sense to me at all. The A's are witnesses only in this case. What right do they have to any of TES's information? Are they now attempting to run their own "KC Defence Team"?

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I am new here, so I do not know how to post Greta's show last night, forgive me. She was holding up a paper saying it was a letter from the A's to TES for records....you are right, makes no sense....

Nosey Parker said:

If this is true, it makes no sense to me at all. The A's are witnesses only in this case. What right do they have to any of TES's information? Are they now attempting to run their own "KC Defence Team"?

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guess they never shut down the "investigation"..... WHY???? ARE THEY DOING THIS??????:furious::waitasec::furious: