2009.05.28 Motions Hearing

[PassTheMotrin]

I thought I heard that too and also Baez saying something about the death being an accident. Did anyone here that come out of JB's mouth or was I hearing things?

I heard that, too. How would he know it was an accident if Casey is innocent?

 

[littlemisslegal]

Trying to haul out some of what I learned about journalism in college,
it seems to me that JG has grounds for a libel suit against JB, esp. b/c JB knew his statement would be broadcast on TV. Have to go back and watch again - if he said JG was considered to be a suspect in this case, that is an untruthful statement.

LIBEL
An untruthful statement about a person, published in writing or through broadcast media, that injures the person's reputation or standing in the community. Because libel is a tort (a civil wrong), the injured person can bring a lawsuit against the person who made the false statement. Libel is a form of defamation , as is slander (an untruthful statement that is spoken, but not published in writing or broadcast through the media).

http://www.nolo.com/definition.cfm/term/7613C25C-8E5D-47A5-9E0D93B952DE16E7


JB was trying to cast suspicion on JB by saying he had been a suspect in the case. He got his message across - some of us certainly heard it.


Can I sue someone who says or writes something defamatory about me?
In order to prove defamation, you have to prove that what was said or written about you was false. If the information is true, or if you consented to publication of the material, you will not have a case. However, you may bring an action for libel or slander if the comments are so reprehensible and false that they affect your reputation in the community or cast aspersions on you. Consult a libel and slander attorney to best evaluate your claim.

Can I sue someone who says or writes something defamatory about me?

Any legal opinions on this?

.

strange how this very thing came into my calling morgan and morgan today. i am a fl resident and morgan and morgan is very well known in our countys. a dr put a untrue statement in my relatives med records. we are correcting it with med records at hospital . risk management involved as i said atty could sue them as it was false info.. i consulted with morgan office today. i also told his assistant he did good with zanny. when someone says something damaging its slander. written is libel.morgan and morgan was not interested--only if we wanted to sue for something else. i am sure they sought out zanny. i bet she did not make initial call to morgan and morgan. jmoo

morgan and morgan did not seem to do cases for slander or libel -yet we have zanny

 

[Friday]

I don't know, I don't see the way they are as "truly loving her" and I suspect SHE doesn't either. Truly loving someone is loving them despite their faults, accepting them for who they are, regardless of their choices in life. It's about being who you are, in all your glory and all your ugly and knowing that you will still be loved even IF you did something awful.

This girl had to hide everything about herself for years and years, her mother made up in her own head who SHE wanted her to be and ran with that, lying and lying (lying to herself and lying to others!) beginning with Casey's pregnancy (though I suspect it began way before that, but I have no proof so I'll start there) about everything that DEFINES who Casey really is. She's still lying, making things up about Casey's life to what SHE wants people to think about her. She's lying about their relationship, abut what kind of mother Casey was, about not being worried about caylee when Casey was gone for that month, about the fight, the pictures taken while Casey was clubbing when caylee was missing, about Casey's job (one day Cindy says the cops are liars, that Casey did have a job, the next she says she didn't), she pretends Casey never stole from everyone around her.

I'll stop there but there's more, lots more... we all know that! None of the above is love, I'm sorry. Can you imagine being so UNaccepted by anyone (let alone ones own parents), that they feel the need to re-write your entire life story? This girl was never truly loved (or accepted) by anyone... least of all her mother.

Oh, brava, OLG! Brava! :clap::clap::clap: Although I loathe KC, your beautifully-written post is right on-target and gives me much "food for thought."

 

[JustJax]

Towards the end of the hearing Cindy was watching the camera out of the corner of her eye (sneaky) and she saw she was being zoomed in so she ducked down and pretended she was looking for something on the floor.
Something's up, she looks like she's been crying for days.

(mybold)

Speculation on my part, but maybe the new DP attorney had a little pow wow with them and told them she would try her best to argue against the DP, but may be forced to do a plea deal if she is unsuccessful. Could be that they may know that the CE in this case screams out for a solid conviction??? Fingers crossed.

 

[one_hooah_wife]

I rather doubt that is what happened behind the scenes prior to today. When I've been enrolled pro hac vice, I always prepare my own motions. Why? It's easier for me to regurgitate the necessary information than to have to spoon feed it to someone else. More importantly: if I'm enrolling due to the need for my experience, then I want my experience being what's behind my written materials, for starters, and if I'm going to delegate to someone else, then you can bet I'm going to review the final product before it's filed. There's no way I would have appeared in court today and sat at the defense table without filing the motion to enroll pro hac vice + the notice of appearance w/my DP creds.

And a big part of A.Lyon's career has been assisting counsel in other states on DP cases ... she is fully aware of what is expected and required!!

Who knows, she may have given her prepared documents to him weeks ago and in typical JB fashion he makes a mockery of the court by flubbing procedure and attempting to dodge blame! Sometimes I think that JB forgets that he is an officer of the court, first and foremost ... and by officer ... I do not mean jester.

 

[Spangle]

I rather doubt that is what happened behind the scenes prior to today. When I've been enrolled pro hac vice, I always prepare my own motions. Why? It's easier for me to regurgitate the necessary information than to have to spoon feed it to someone else who's not a part of my firm. More importantly: if I'm enrolling due to the need for my experience, then I want my experience being what's behind my written materials, for starters, and if I'm going to delegate to someone else, even if it's to another attorney with whom I work, then you can bet I'm going to review the final product before it's filed. There's no way I would have appeared in court today and sat at the defense table without filing the motion to enroll pro hac vice + the notice of appearance w/my DP creds.

Ah, your saying you wouldn't be "had". But that doesn't mean that someone else wouldn't fall for it. JB is a BSer.. He talks in circles, etc. And everyone who has watched him work in the court room have been shocked at his supposed inexperience, gafts, etc.

In reading some of the chat today, it seems she, herself was rather surprised at JB.

Also, he has said the reason for the delay is because the DP person had to 'get ready'. She claims she wasn't ready. And as we know, the paperwork wasn't filed. Since there was a motion about this weeks ago, I think he should have been called to the floor to explain WHY she wasn't filed and in place before the start of the hearing. <shrug>

 

[cecybeans]

So perhaps it is safe to say that either it is too soon to rush to judgement as to her professionalism (based on the fact that JB is involved), or that perhaps she has been in the classroom and out of the courtroom long enough that she has let a few things slip.

One thing is for sure, she will bring a more impassioned and sensitive touch to the subject of DP than I believe Lenamon would. His demeanor always struck me as someone who would have been a good bouncer for a rowdy mortician's convention.

 

[one_hooah_wife]

local tv news here in fl said cindy blew casey a kiss. said cindy and george told reporters it was a very hard day. the videos i saw did not show any kiss thrown. cameras off??

Ha ha I didn't notice it either ... maybe she did it in "Anthony code" ... perhaps smacking her gum four times really loud ... with a p/o'd look on her face is code for mmmmmmwha?

 

[Chezhire]

And a big part of A.Lyon's career has been assisting counsel in other states on DP cases ... she is fully aware of what is expected and required!!

Who knows, she may have given her prepared documents to him weeks ago and in typical JB fashion he makes a mockery of the court by flubbing procedure and attempting to dodge blame! Sometimes I think that JB forgets that he is an officer of the court, first and foremost ... and by officer ... I do not mean jester.

Ah, your saying you wouldn't be "had". But that doesn't mean that someone else wouldn't fall for it. JB is a BSer.. He talks in circles, etc. And everyone who has watched him work in the court room have been shocked at his supposed inexperience, gafts, etc.

In reading some of the chat today, it seems she, herself was rather surprised at JB.

Also, he has said the reason for the delay is because the DP person had to 'get ready'. She claims she wasn't ready. And as we know, the paperwork wasn't filed. Since there was a motion about this weeks ago, I think he should have been called to the floor to explain WHY she wasn't filed and in place before the start of the hearing. <shrug>

Yep, but like one_hooah_wife said just above your post, this isn't new DP's 1st rodeo in another state assisting local counsel with a DP case.

If new DP attorney were professional, she would've required (1) requisite motions be filed in advance of today + (2) motions to continue the outstanding substantive motions so she could get prepared. That way, no one wastes their time the way everyone's time got wasted today. So, surprised or not, AL did not act professionally by arriving in court today, opening her :biglaugh: and expecting to be able to speak before properly enrolling. Shows a complete lack of respect for court and everyone there.

That's why I don't think today was a "stall tactic" - the defense could've gotten any additional time they needed in a very professional fashion - and no one would have opposed same.

 

[OneLostGrl]

I thought I heard that too and also Baez saying something about the death being an accident. Did anyone here that come out of JB's mouth or was I hearing things?

for real?!

 

[Friday]

Respectfully snipped:

I don't think Ashton should spend any more time laughing at JB in court - it's just as unprofessional as anything the defense is doing and it makes him look unaware that JB and his crew may be willing to look like idiots to manipulate the state in order to garner valuable media attention.

Thank God you brought this up, Cece! When Ashton broke into that infantile, ghoulish, toothy grin today, because the judge chided JB, I moaned aloud. It was asinine and unprofessional of him, especially in a death penalty case. At that moment, he looked so foolish that now I'm worried about the quality of the SAs in this case.

What do you think?

 

[celticthyme]

I will say that if the new DP attorney were any different than the rest of Casey's defense attorneys in terms of professionalism and preparedness, she would have filed her notice of appearance prior to today's hearing. I wouldn't have accepted this matter without being allowed to properly enroll by filing the requisite motion to enroll pro hac vice & notice of appearance listing my DP credentials. The fact that she didn't speaks volumes to me.

EXACTLY! But after this show of blatant incompetence today, yet again by Baez, in being unable to proffer even a simple motion,substasntiated with case law, she had better get ahold of this runaway train, or get out while the gettin's good

 

[MidAtlanticNative]

I thought I heard that too and also Baez saying something about the death being an accident. Did anyone here that come out of JB's mouth or was I hearing things?

Baez stated to Strickland that the State was not alleging death by accident, so...

 

[OneLostGrl]

Ha ha I didn't notice it either ... maybe she did it in "Anthony code" ... perhaps smacking her gum four times really loud ... with a p/o'd look on her face is code for mmmmmmwha?

omg lmfao!!

 

[MidAtlanticNative]

for real?!

As part of JB's argument re: materiality, JB mentioned the State's assertion that the (Caylee's) death was not accidental.

 

[MAMABEAR]

Man, this is the run-away-mine-thread. Went to sleep on page 12 and woke up on page 20.
:blowkiss: to all the hard workers here at W/S.

 

[Chezhire]

EXACTLY! But after this show of blatant incompetence today, yet again by Baez, in being unable to proffer even a simple motion,substasntiated with case law, she had better get ahold of this runaway train, or get out while the gettin's good

:waitasec: I'd rather hoped Casey's new DP counsel would have the ability to do so, but the fact that AL appeared at the defense table this morning, opened her :biglaugh: to speak, but without enrolling pro hac vice + filing her notice of appearance with her DP creds says to me that she's no different than the rest of Casey's defense attorneys, except that she's DP qualified.

Unfortunately, being DP qualified does not automatically equate with being professional and prepared. :doh:

 

[cecybeans]

Respectfully snipped:


Thank God you brought this up, Cece! When Ashton broke into that infantile, ghoulish, toothy grin today, because the judge chided JB, I moaned aloud. It was asinine and unprofessional of him, especially in a death penalty case. At that moment, he looked so foolish that now I'm worried about the quality of the SAs in this case.

What do you think?

Yeah - Ashton has not impressed me much - he and JB have gotten into little pizzing contests the last couple of times and it makes him look immature, imo.

I've heard great things about LDB regarding her professionalism and record from friends in that area who know the legal community. She is also very firm and businesslike without being cold (which LKB seems to be). I'm hoping they will keep Ashton on the forensics portion of the trial, maybe cross for certain witnesses and give the opening and closing arguments or handling the more sensitive witnesses to Linda. And I hope she cements each one with that picture she's used before of LE on their hands and knees looking for poor little Caylee's scattered bones while the defense was eating crab puffs and talking media deals. She will drive it home that since everyone else seems to be in it for themselves or have an ulterior motive, it is absolutely essential the the jury represent and seek justice for Caylee so she is not foresaken by the defense circus.

 

[beach]

(mybold)

Speculation on my part, but maybe the new DP attorney had a little pow wow with them and told them she would try her best to argue against the DP, but may be forced to do a plea deal if she is unsuccessful. Could be that they may know that the CE in this case screams out for a solid conviction??? Fingers crossed.

I, too, think there may have been a pow wow. I tend to think that the new DP atty. may have been more blunt about how their behavior and media tours MUST CEASE NOW....how Casey must appear more serious in court. I've been tossing it around in my head since seeing all of the Anthonys today. Everything about them was different - they appeared much more somber and beaten down. I wonder if Cindy finally got the message that things are totally out of her control this time. Something had them all looking so bleak today and it wasn't the events of the hearing. I am hoping that Andrea Lyons persuaded them that the only thing...the best thing...they could do for their daughter was to simply shut-up. I imagine that meeting with an attorney who specializes in death penalty cases was a very sobering experience. Maybe they realize the gravity of their situation now. I'm not sure that there was any talk about a plea deal though.

 

[amethyst221]

I don't think there's any question that the decision not to reveal the new lawyer's identity when she was first retained (and certainly prior to her coming to court today) was a purposeful choice by the defense team. Lyons is coming on board as nominal lead counsel and she's very experienced. She chose to go along with this, contrary to the applicable rules on filing a certification of DP qualifications and an always required motion to be admitted PHV. They did it to make a big shock and awe moment at her debut -- like, all hail the queen of all things DP. Perhaps they thought she was so important, she could act as counsel today anyway. And I'd wager she would be the one to prepare her own filings on this topic of her credentials. She could easily have made certain they were filed with the court.