2010.07.15 Defense motion to protect phone call of Robin Lunceford

[ThinkTank]

http://www.wftv.com/news/24288435/detail.html
excerpt
"Thursday, Baez said he did not know the prison recorded his phone call with Lunceford and asked the judge not to release it.
“Doing so would be a third-degree felony,” Baez said.
”One of the first lessons the defense learned in this case is that there is no expectation of privacy in a correction facility or jail,” WFTV legal analyst Bill Sheaffer said.
Baez might just have had the bad luck of getting caught up in the ongoing criminal investigation involving Lunceford, which might be why their call was recorded. She has been disciplined for calling unapproved people by having calls forwarded to them."

Oh my the irony is RICH!!!!
I laughed out loud to read that JB's sneaky ways have come around to bite him in the back side!!!!!
He had no problem with an Inmate sneaking a phone call to him and violating jail policy ... UNTIL he learned that he had been RECORDED!!!!!
And having the Inmate's call transferred from his office phone, to his CELL PHONE ..... he thought he was really getting away with something sneaky!

And to recall how strenuously JB has argued for the illegally recorded Joe J tape to come in, in spite of it being a third degree felony for anyone to even listen to the tape or to use it in any way.... and now JB is trying to use the same argument used against HIM! Priceless!

Apparently this recording does not "help" Inmate Anthony??!!

 

[Whome?]

http://www.wftv.com/news/24288435/detail.html
excerpt
"Thursday, Baez said he did not know the prison recorded his phone call with Lunceford and asked the judge not to release it.
“Doing so would be a third-degree felony,” Baez said.
”One of the first lessons the defense learned in this case is that there is no expectation of privacy in a correction facility or jail,” WFTV legal analyst Bill Sheaffer said.
Baez might just have had the bad luck of getting caught up in the ongoing criminal investigation involving Lunceford, which might be why their call was recorded. She has been disciplined for calling unapproved people by having calls forwarded to them."

Oh my the irony is RICH!!!!
I laughed out loud to read that JB's sneaky ways have come around to bite him in the back side!!!!!
He had no problem with an Inmate sneaking a phone call to him and violating jail policy ... UNTIL he learned that he had been RECORDED!!!!!
And having the Inmate's call transferred from his office phone, to his CELL PHONE ..... he thought he was really getting away with something sneaky!

And to recall how strenuously JB has argued for the illegally recorded Joe J tape to come in, in spite of it being a third degree felony for anyone to even listen to the tape or to use it in any way.... and now JB is trying to use the same argument used against HIM! Priceless!

Apparently this recording does not "help" Inmate Anthony??!!

:woohoo: :dance: :doh:

 

[drip~drop]

Hahahaaaahaaaa. This is some funny stuff.

Baez didn't realize that where this woman was calling him from, the call would be recorded?

Oh come on now!

Can Judge Perry fire him? I have vegetables growing in my garden that would know better then that.

"You just can't make this stuff up folks."

:cow:moo

 

[ThinkTank]

But Baez is not RL's lawyer, so why would it be considered confidential? And shouldn't one expect that the call is recorded if it comes from a jail/prison ?

Or did Baez just never expect the SA to come across the recording?

I think the State Attorneys NEVER would have known about this call to JB, if the Inmate Robin L were not under a CURRENT criminal investigation and having all her calls recorded and her actions monitored.
Why didn't JB ever notify the State Atty that he had this info - reciprocal discovery and all?
JB is always whining that the State Atty does not give him info when they have it -- he knew about this call back in MAY.
I would like to know exactly how the State Atty became aware of this call from the Inmate to Baez?
I wonder if there are any violations of FL Rules of Criminal Procedure in not notifying the Prosecutors that he had this info?

 

[nums24]

The Sentinel had this in their article:

<snipped>

Her latest disciplinary report involves incidents on May 31 in which she used another inmate's phone rights to contact an ex-inmate. "Inmate Lunceford made several requests to have calls forwarded to persons that are not on her assigned calling list," and the ex-inmate agreed, according to that report.

It could not immediately be confirmed if any of those were the calls forwarded to Baez in May, but if they were, state Corrections spokeswoman Gretl Plessinger said Baez would not have heard the recording identifying the call coming from the prison.

 

[nums24]

I think the State Attorneys NEVER would have known about this call to JB, if the Inmate Robin L were not under a CURRENT criminal investigation and having all her calls recorded and her actions monitored.
Why didn't JB ever notify the State Atty that he had this info - reciprocal discovery and all?
JB is always whining that the State Atty does not give him info when they have it -- he knew about this call back in MAY.
I would like to know exactly how the State Atty became aware of this call from the Inmate to Baez?
I wonder if there are any violations of FL Rules of Criminal Procedure in not notifying the Prosecutors that he had this info?

I am pretty sure at the hearing or after the hearing yesterday, he stated that the SAO informed him of their intent to get this tape. He prematurely filed the motion before the SAO received the tape.

 

[ThinkTank]

The Sentinel had this in their article:

<snipped>

Her latest disciplinary report involves incidents on May 31 in which she used another inmate's phone rights to contact an ex-inmate. "Inmate Lunceford made several requests to have calls forwarded to persons that are not on her assigned calling list," and the ex-inmate agreed, according to that report.

It could not immediately be confirmed if any of those were the calls forwarded to Baez in May, but if they were, state Corrections spokeswoman Gretl Plessinger said Baez would not have heard the recording identifying the call coming from the prison.

But, IMO, he still KNEW the Inmate was doing something wrong, to violate jail policy, and JB continued to participate in this violation (possible felony). JB KNEW this Inmate was having calls forwarded and doing something wrong/sneaky.

In JB's Motion:
2 months ago, in May, Baez got a call from an ex-inmate at Lowell Correction Institute.
Caller said she had a friend who had conspired with Maya Derkovic to create a lie to possibly benefit from her knowing Casey Anthony at the Orange County Jail. Caller said she would be calling later that evening.
Shortly thereafter ... Robin Lunceford was attempting to reach Baez at his office. Call was transferred to Baez' cell phone, and had a conversation.

I'm thinking that even if this phone call does not go through Discovery and become public through Sunshine Laws in the Inmate Anthony case ... it might become Discovery in the current criminal investigation (and future prosecution?) of Inmate Robin L. - and be made public through Sunshine Laws in Robin L's case?

 

[spqr]

He is unbelievable! I can't wait to listen to it.. Baez opens mouth, inserts
foot again.
If she made a call to him, then she has no expectation of privacy, right? And if he is not her Atty then there is no privilege the Jail would need to steer clear of, right?

This guy had better reincarnate as a millipede...he only has two feet now, and they are both already in his mouth. He's out of feet!! lol

 

[nums24]

But, IMO, he still KNEW the Inmate was doing something wrong, to violate jail policy, and JB continued to participate in this violation (possible felony). JB KNEW this Inmate was having calls forwarded and doing something wrong/sneaky.

In JB's Motion:
2 months ago, in May, Baez got a call from an ex-inmate at Lowell Correction Institute.
Caller said she had a friend who had conspired with Maya Derkovic to create a lie to possibly benefit from her knowing Casey Anthony at the Orange County Jail. Caller said she would be calling later that evening.
Shortly thereafter ... Robin Lunceford was attempting to reach Baez at his office. Call was transferred to Baez' cell phone, and had a conversation.

I'm thinking that even if this phone call does not go through Discovery and become public through Sunshine Laws in the Inmate Anthony case ... it might become Discovery in the current criminal investigation (and future prosecution?) of Inmate Robin L. - and be made public through Sunshine Laws in Robin L's case?

Basic common sense would dictate that if JB was speaking to a known inmate, he should assume it's being recorded. (Motion Denied LOL)

 

[ThinkTank]

Originally Posted by ThinkTank View Post
I think the State Attorneys NEVER would have known about this call to JB, if the Inmate Robin L were not under a CURRENT criminal investigation and having all her calls recorded and her actions monitored.
Why didn't JB ever notify the State Atty that he had this info - reciprocal discovery and all?
JB is always whining that the State Atty does not give him info when they have it -- he knew about this call back in MAY.
I would like to know exactly how the State Atty became aware of this call from the Inmate to Baez?
I wonder if there are any violations of FL Rules of Criminal Procedure in not notifying the Prosecutors that he had this info?

I am pretty sure at the hearing or after the hearing yesterday, he stated that the SAO informed him of their intent to get this tape. He prematurely filed the motion before the SAO received the tape.

Right, I heard that too, at the Hearing.
It sounds like the State told JB they would be getting the recording, and JB jumped the gun and QUICKLY filed a Motion to keep it sealed.
But, I'm wondering how the State became aware of the tape originally? JB did not tell the State about the call back in May when it happened.
I would imagine whichever agency is doing the current criminal investigation of Inmate Robin L., notified the State Attys in the Inmate Anthony case to let them know they had this phone call recording.

 

[ThinkTank]

Basic common sense would dictate that if JB was speaking to a known inmate, he should assume it's being recorded. (Motion Denied LOL)

I thought it was very funny in JB's Motion that he says he knows that Inmates VIOLATE RULES, and thought that might be the case here.

excerpt from JB Motion:
Baez says the Court may know that all calls are not recorded when coming from a Correction Institution. Many times inmates have access to telephones specifically designed for contact with attorneys and sometimes counselors allow inmates to make non-recorded calls, and on certain occasions inmates obtain contraband cell phones.

 

[Snaz]

I am pretty sure at the hearing or after the hearing yesterday, he stated that the SAO informed him of their intent to get this tape. He prematurely filed the motion before the SAO received the tape.

In his motion, JB makes a request that the State not listen to the "illegally recorded statement." So they haven't even heard it... and JB hopes to keep it that way.

 

[nums24]

I thought it was very funny in JB's Motion that he says he knows that Inmates VIOLATE RULES, and thought that might be the case here.

excerpt from JB Motion:
Baez says the Court may know that all calls are not recorded when coming from a Correction Institution. Many times inmates have access to telephones specifically designed for contact with attorneys and sometimes counselors allow inmates to make non-recorded calls, and on certain occasions inmates obtain contraband cell phones.

I think he's reaching, I too would love to know how the SAO found about it!

 

[nums24]

In his motion, JB makes a request that the State not listen to the "illegally recorded statement." So they haven't even heard it... and JB hopes to keep it that way.

The state does not even have a copy of it yet per LDB at the end of yesterday's hearing.

 

[Dear Prudence]

I thought it was very funny in JB's Motion that he says he knows that Inmates VIOLATE RULES, and thought that might be the case here.

excerpt from JB Motion:
Baez says the Court may know that all calls are not recorded when coming from a Correction Institution. Many times inmates have access to telephones specifically designed for contact with attorneys and sometimes counselors allow inmates to make non-recorded calls, and on certain occasions inmates obtain contraband cell phones.

bbm - I wonder if he knows this from first-hand experience with ICA?

 

[LinasK]

I thought it was very funny in JB's Motion that he says he knows that Inmates VIOLATE RULES, and thought that might be the case here.

excerpt from JB Motion:
Baez says the Court may know that all calls are not recorded when coming from a Correction Institution. Many times inmates have access to telephones specifically designed for contact with attorneys and sometimes counselors allow inmates to make non-recorded calls, and on certain occasions inmates obtain contraband cell phones.

What's especially rich, is that he points out that it's a 3rd degree felony. Well, what about all the 3rd degree felony violations he has committed with the contraband note passing to her from her family???:doh::banghead::banghead::banghead:

 

[LambChop]

If it was recorded during an investigation with a legal wiretap it's not illegal, is it?

 

[ThinkTank]

If it was recorded during an investigation with a legal wiretap it's not illegal, is it?

The phone call which was recorded, was apparently recorded by the Correctional Institution which Inmate Robin L. is in (for life). Inmate Robin made a phone call to an EX-Inmate, and that ex-inmate called Baez, then forwarded a call from the Jail where Robin L. is, to Baez.

The recording of the call by the Correctional Institution was not illegal.

The fact that Inmate Robin tried to sneak around jail rules and have a call forwarded to someone who is NOT on her approved calling list (JB), is what was illegal.

http://www.orlandosentinel.com/news...y-anthony-phone-call-20100716,0,5899394.story
excerpt:
"Her latest disciplinary report involves incidents on May 31 in which she used another inmate's phone rights to contact an ex-inmate. "Inmate Lunceford made several requests to have calls forwarded to persons that are not on her assigned calling list," and the ex-inmate agreed, according to that report.
It could not immediately be confirmed if any of those were the calls forwarded to Baez in May, but if they were, state Corrections spokeswoman Gretl Plessinger said Baez would not have heard the recording identifying the call coming from the prison."

 

[drip~drop]

I thought it was very funny in JB's Motion that he says he knows that Inmates VIOLATE RULES, and thought that might be the case here.

excerpt from JB Motion:
Baez says the Court may know that all calls are not recorded when coming from a Correction Institution. Many times inmates have access to telephones specifically designed for contact with attorneys and sometimes counselors allow inmates to make non-recorded calls, and on certain occasions inmates obtain contraband cell phones.

(B&C)
Hmm, I wonder if he could possibly have first hand knowledge of those things.:waitasec:
IMO there's a LOT of funny stuff going on both behind the scenes and right in front of everybodys eyes.
Like people couldn't figure out the texting on their own yesterday.:snooty:
moo The Judge is gonna crack the whip soon.

 

[Steely Dan]

The phone call which was recorded, was apparently recorded by the Correctional Institution which Inmate Robin L. is in (for life). Inmate Robin made a phone call to an EX-Inmate, and that ex-inmate called Baez, then forwarded a call from the Jail where Robin L. is, to Baez.

The recording of the call by the Correctional Institution was not illegal.

The fact that Inmate Robin tried to sneak around jail rules and have a call forwarded to someone who is NOT on her approved calling list (JB), is what was illegal.

http://www.orlandosentinel.com/news...y-anthony-phone-call-20100716,0,5899394.story
excerpt:
"Her latest disciplinary report involves incidents on May 31 in which she used another inmate's phone rights to contact an ex-inmate. "Inmate Lunceford made several requests to have calls forwarded to persons that are not on her assigned calling list," and the ex-inmate agreed, according to that report.
It could not immediately be confirmed if any of those were the calls forwarded to Baez in May, but if they were, state Corrections spokeswoman Gretl Plessinger said Baez would not have heard the recording identifying the call coming from the prison."

She is in prison for life. So if Baez knew she was in prison for life then he'd have to know any calls from her would be coming from the prison, unless he thought she'd escaped. That would be a whole new kettle of fish.