2010.02.09 New motion filed by defense TES search records

[TotallyObsessed]

If at first you don't succeed.......

I wonder if there is some basis for this on the back-end, come time for appeals? Are they trying to set something up or just hope to get one of these approved? Slip one by.

Hinky.

Nawww...they're just desperate.

 

[The World According]

I say to Mr Baez...

Tell us the name of the person T Macaluso claims has evidence that the body wasn't there previously, and we will tell you if they were indeed a TES searcher!

That is the funniest thing, ever.

It reminded me of the judge saying to Andrea..."Aren't you asking me to reinvent the wheel?"

How he keeps a straight face.... I do not know, but I love this judge.

http://www.wftv.com/pdf/20582267/detail.html

 

[cyberborg]

I say to Mr Baez...

Tell us the name of the person T Macaluso claims has evidence that the body wasn't there previously, and we will tell you if they were indeed a TES searcher!

But, but, but .... that's the whole point!!!

The Defense are currently shopping for a TES searcher to take on that role.

They thought they had one, JJ but they struck out on the first 32 so now need to expand their search for anyone in TES who was ever involved in the Caylee search to find their actor.

Applications are welcomed from all those who can confidently testify that they searched that exact spot as a volunteer for TES and did not see any remains at that time. Please send your applications to JB @ Creative Defense Studios, Hollywood, CA

 

[Reagan]

Are these people (defense team) just plain bored or what?

As I'm reading through the thread I couldn't help but wonder if the defense just makes their students write these motions as they lazily sit on the couch eating cheetos and watching maury in their sweatpants. I mean, they're not really accomplishing much else. They haven't really interviewed anyone. They never pick up the discovery they requested. They can't even produce their own witness list that includes more than 3 people. They're just sitting around twiddling their thumbs in hopes that something eventually comes across that can cast any doubt on their clients guilt.

PS, TotallyObsessed is correct. The judge has told baez repeatedly and on several different motions that he has already ruled on this or that, or was already discussed previously. Judge S has much more patience than I. But I bet you it's running out quickly.

 

[The World According]

Has Mr. Hoover been deposed? Does anyone have a list of who each side has deposed? When Annie was served a subpoena and testified under oath when LE and Mrs. Drane-Burdick were there was? It is interesting that was released. We did see that, correct,or we heard it..I recall Annie starting to cry when she had to answer about the Zanax. She had a lawyer with her. If hers was released, have others been?

TIA


http://www.wftv.com/pdf/20582267/detail.html

 

[notthatsmart]

This is a motion with new information. Sound familiar? The new information is that Mn said he was protecting the volunteers of Tes, but his actions were to show the press documents with names.

New information, new material. This is why I wondered if the Sa motion the other day had anything to do with Tes turning over material to LE. Now that this motion has been filed, I am starting to believe that the defense is sure of this. The SA is hiding something and the defense is trying to get to it. These two motions are too close in time to ignore. IMO

 

[sleutherontheside]

This is a motion with new information. Sound familiar? The new information is that Mn said he was protecting the volunteers of Tes, but his actions were to show the press documents with names.

New information, new material. This is why I wondered if the Sa motion the other day had anything to do with Tes turning over material to LE. Now that this motion has been filed, I am starting to believe that the defense is sure of this. The SA is hiding something and the defense is trying to get to it. These two motions are too close in time to ignore. IMO

This is NOT new info.....this is a motion based upon the defense argument that BECAUSE certain members of media were allowed to inspect.....that it negated the "chilling effect on future volunteers"........No names were published, no personal info was disseminated to the general public. This is nothing more than a standard "ask for everything" motion so that when it is denied they can argue it on the appellate level. If we are going to accuse the defense of "hiding something" then we can lodge the same arguments against the defendant! Just becasue a motion is filed does not PROVE that there is NEW info........a visit to the AL thread and investment in listening to lectures, reading articles as well as researching motions practice in capital cases will support my statements.

 

[notthatsmart]

This is NOT new info.....this is a motion based upon the defense argument that BECAUSE certain members of media were allowed to inspect.....that it negated the "chilling effect on future volunteers"........No names were published, no personal info was disseminated to the general public. This is nothing more than a standard "ask for everything" motion so that when it is denied they can argue it on the appellate level. If we are going to accuse the defense of "hiding something" then we can lodge the same arguments against the defendant! Just becasue a motion is filed does not PROVE that there is NEW info........a visit to the AL thread and investment in listening to lectures, reading articles as well as researching motions practice in capital cases will support my statements.

I believe it is new info for the defense to give to the Judge. Nm made the claim that he was protecting the volunteers, but his actions were to show the volunteers info to the media. That is a direct contradiction. I think it is good for the defense to point this out to the Judge. He has yet to rule on the motion to release all records. I do not believe this an appellate issue right now. I think the defense is putting judge on notice that they know exactly what the Sa is doing in trying to get this private meeting.

Perhaps they found a new witness that documented something at the crime scene. Bc didn't notice it, Mn didn't notice it, but when Le's seasoned crime scene investigators looked, they noticed. Speculation on my part. They may want to interview this witness before the defense finds out about it.

As far as Al goes. She is a seasoned defense Lawyer and respected by her peers. The things she does are mostly SOP. Kc has a right to a fair trial even if it is SOP. We can not accuse the defense of hiding things. They have the Attorney client privledge. That is the law. IMO I state nothing as fact. Pure speculation on my part and of course of my opinion only and nobody else's obviously. Moo

 

[notthatsmart]

Al is a good Defense Attorney. The Judge has a right to know about these things. I am glad she is there to point things out to him. It is best for all of us to have Kc have a fair trial, and I can't even imagine keeping things from the Judge. She did the right thing here. I applaud her. Moo

 

[cyberborg]

I believe it is new info for the defense to give to the Judge. Nm made the claim that he was protecting the volunteers, but his actions were to show the volunteers info to the media. That is a direct contradiction. I think it is good for the defense to point this out to the Judge. He has yet to rule on the motion to release all records. I do not believe this an appellate issue right now. I think the defense is putting judge on notice that they know exactly what the Sa is doing in trying to get this private meeting.

Perhaps they found a new witness that documented something at the crime scene. Bc didn't notice it, Mn didn't notice it, but when Le's seasoned crime scene investigators looked, they noticed. Speculation on my part. They may want to interview this witness before the defense finds out about it.

As far as Al goes. She is a seasoned defense Lawyer and respected by her peers. The things she does are mostly SOP. Kc has a right to a fair trial even if it is SOP. We can not accuse the defense of hiding things. They have the Attorney client privledge. That is the law. IMO I state nothing as fact. Pure speculation on my part and of course of my opinion only and nobody else's obviously. Moo

Your premise that you are building this speculation on is that LE are investigating and reviewing the same TES records and searchers that the Defense is.

Do you have a link to support the premise that LE is investigating the TES records or is that complete speculation and opinion as well?

It is news to me. Link please?

 

[sleutherontheside]

I believe it is new info for the defense to give to the Judge. Nm made the claim that he was protecting the volunteers, but his actions were to show the volunteers info to the media. That is a direct contradiction. I think it is good for the defense to point this out to the Judge. He has yet to rule on the motion to release all records. I do not believe this an appellate issue right now. I think the defense is putting judge on notice that they know exactly what the Sa is doing in trying to get this private meeting.

Perhaps they found a new witness that documented something at the crime scene. Bc didn't notice it, Mn didn't notice it, but when Le's seasoned crime scene investigators looked, they noticed. Speculation on my part. They may want to interview this witness before the defense finds out about it.

As far as Al goes. She is a seasoned defense Lawyer and respected by her peers. The things she does are mostly SOP. Kc has a right to a fair trial even if it is SOP. We can not accuse the defense of hiding things. They have the Attorney client privledge. That is the law. IMO I state nothing as fact. Pure speculation on my part and of course of my opinion only and nobody else's obviously. Moo

MN is protecting volunteers from FL Sunshine discovery laws......the info was not withheld from the defense or the media....it was made available for inspection. By allowing inspection without the info being provided as discovery......the rights of volunteers were protected. Can you show me one article, report, or document that demonstrates that those names were released by media??? I am big on links as opposed to opinions. I find them more valuable in getting to the truth. I am sure that the defense team could produce a witness based upon their driving down a road that KC used to travel to her fake job. Attorney client privilege is one thing.....discovery is another.....This is not an episode of Perry Mason. I understand that posters state opinions, but educated opinions prove more valuable than statements with a disclaimer. I am very aware of attorney / client privilege....sadly JB fails to demonstrate anything other than "I'll show you mine when you show me yours." That isn't brilliant or creative, or worthy of accolades. That is week 1.....day 3 of 1st year law.....MOO

 

[notthatsmart]

The prosecution and the Anthonys’ family attorney, Brad Conway, has seen the documents.

http://www.cfnews13.com/News/Local/...eads_to_new_motion_in_casey_anthony_case.html

I wonder if RH was right about it being a new witness. IMO

 

[notthatsmart]

Your premise that you are building this speculation on is that LE are investigating and reviewing the same TES records and searchers that the Defense is.

Do you have a link to support the premise that LE is investigating the TES records or is that complete speculation and opinion as well?

It is news to me. Link please?

Post 52

 

[sleutherontheside]

The prosecution and the Anthonys’ family attorney, Brad Conway, has seen the documents.

http://www.cfnews13.com/News/Local/...eads_to_new_motion_in_casey_anthony_case.html

I wonder if RH was right about it being a new witness. IMO

Last time I checked.....RH isn't part of the defense team....Unless he has insider info (which would violate attorney / client privlege) he is speculating. I could do the same....I speculate that the defense team has found a new witness that is begging for recognition, that is attempting to be picked up by a reality show and that is willing to give a video interview (not under oath) for undisclosed reasons..... All in the name of reasonable doubt right????? MOO

 

[notthatsmart]

I think the Judge should allow all records to be turned over to the defense and only allow items related to the case to go out in sunshine law. The Judge should steer away from this keep secrets from the defense game that Sa and Tes are playing. I believe he will do the right thing. Moo

 

[cyberborg]

The prosecution and the Anthonys’ family attorney, Brad Conway, has seen the documents.

http://www.cfnews13.com/News/Local/...eads_to_new_motion_in_casey_anthony_case.html

I wonder if RH was right about it being a new witness. IMO

Thanks.

However I don't see where the article states, "Le's seasoned crime scene investigators looked" as part of any investigation as you speculate.

Also, how would the Defense know this is the rationale behind the SA motion to seek a meeting with the Judge absent the Defense?

You cite that, "I think the defense is putting judge on notice that they know exactly what the Sa is doing in trying to get this private meeting"

It seems your post was a very speculative statement of pure opinion with many disclaimers that is more deserved of the rumor threads.

 

[notthatsmart]

I can't wait to hear RH take on this motion. I respect his opinion and I don't always agree with it. He speculates and has his opinion. He has even stated that everything he says is just his opinion. He brings that inside information for us. He is a Criminal Defense Attorney from Orlando area that has dealt with this Judge. I wish people would make him feel more welcome around here. The information he gives us is valuable. IMO

 

[sleutherontheside]

I think the Judge should allow all records to be turned over to the defense and only allow items related to the case to go out in sunshine law. The Judge should steer away from this keep secrets from the defense game that Sa and Tes are playing. I believe he will do the right thing. Moo

The Judge can't bypass the SSL......there must be motions citing appropriate reasons for exclusion filed and they must granted. It is not just Judicial discretion.... Florida is one of few states that require full disclosure.

 

[cyberborg]

I think the Judge should allow all records to be turned over to the defense and only allow items related to the case to go out in sunshine law. The Judge should steer away from this keep secrets from the defense game that Sa and Tes are playing. I believe he will do the right thing. Moo

How long will the resultant carte blanche fishing expedition by the Defense be allowed to take -- 5 years?

The Defense need to provide some scope and some justification to do the right thing IMHO.

 

[notthatsmart]

Is speculation really that bad? I mean, how are we suppose to get to the bottom of something if we can't share our speculations and opinions? I will gladly put all my speculation and opinion post in the rumor thread if everyone else will. I mean that is what I do. I speculate. I am speculating that this motion has something to do with the other motion. IMO