2011.01.03 - Motions Hearing (Summary Thread)

[logicalgirl]

Okay, who called Mason and Idiot! He wants to confront you..LMAO..he also thinks LOL means Lots of Luck...silly man...

No big wins yesterday for the defense, anthing that got supressed the state agreed to. The state will write their response within 15 days and His Honor will rule..The tatt, myspace, diary of days, bella vita tatt and the jailhouse video of prisoners reactions to a small childs remains found at Suburban...

Mason said he has never been held in contempt of court in his entire career...so, His Honor ruled against the "lead" attorney on the sanctions...

Baez has been held in contempt of court for not filing on time. His Honor asked if he thought of asking for an extension, Baez replied no. So, Baez will be fined, amount to equal whatever money it took the state to bring this forth, each day, until those reports are in. The experts should have written reports on their findings and opinions. If he doesn't get them in, he will not use them at trial. His Honor said, this prevents trial by ambush, so there are no surprises come trial..Baez asked for clarification and wanted 30 days to get those reports in, NO way you will get 30 days, Mr. Baez..You have until Wednesday to get me that extenstion but you will not get 30 days..Baez got sarcastic and said the state will take from the big $3.00 he gets an hour, I guess Baez recovered that quick, after that smug smile vanished from his face after he was told the sanctions are on him, as lead attorney..Way to go Baez. Show the prisoner what you're made of..rebellious, just like her. I said for awhile now, Baez has not learned a thing since being held back for those 8 long years. For goodness sake, he's playing with someones life, he needs to get serious and drop the glibness from his face...He seems to have gained lots of weight, I wonder if he's stress eating...for he's got nothing going for him as he talks smack and expects this to never make trial or she will be aquitted and walk away...NO WAY JOSE..time to get really serious and tell prisoner, how bad this looks for her..stop giving her empty promises, be real..JMHO

Justice for Caylee

So I'm guessing Baez is in a bit of a fix here. I think so because I have a deep suspicion Baez negotiated fees that did not include paying these experts for a report. Since he appears to have already spent his big bucks months ago, NOW what is he going to do. On one hand, the court cash register is banging up a fine per day, and on the other hand, the infamous "lead" attorney has nada to pay them. Wow, here's another LOL for the defense team Mr. Mason.

 

[ZsaZsa]

When we were teenagers, my Gram had all of these little quirps...if we were cold busted...she would shake her finger and tell us, "You better hide your face from the light". That is what those glasses remind me of, someone hiding, like someone in mourning may wear not wanting folks to see their swollen, puffy eyes and the tracks of their tears.
Ironically, this case is going to be the best thing that ever happened to him. He will have learned more about correct procedures, nuts and bolts of criminal law procedures, what works and why from Judge Perry and these prosecutors in these three years than some lawyers learn in their entire careers. It is actually a learning opportunity, although somehow I trust he does not recognize it as such. Perhaps one day when he grows up, he will reflect that this was why his career turned around , and why working with them and the judge's high standards was such a defining moment in his career path.

You'll thank me later, type of deal.

He hasn't learned not to come into Court with a contemptuous attitude in all his years in Law School and several years of practise, so I highly doubt he will develop a sense of decorum or respect after yesterday. He just feels hard done by- did you hear his 'poor me' statement about his $3 per hour income? He will get the Lawyer of the Year award in the same year that ICA gets her Mother of the Year award. :innocent:

 

[beach]

I posted this in the "Sanctions" thread. Putting it here for clarification.


For clarity and reference, I transcribed the portion of the hearing where HHJP imposes sanctions. Everything re. the bullets is verbatim, per HHJP.


Rule 3.220 deals with the rules of discovery in criminal cases

Specifically designed to eliminate trial by ambush. Purpose is that both sides can thoroughly be aware of what each side will be presenting and there will be no “surprises”.





This court finds that the defense is in willful violation of the court’s order in not complying with the discovery. The court finds that it is highly unlikely that the defense has no idea that these expert witnesses, retained at taxpayer’s expense, as to what these witnesses will be testifying to. Pursuant to rule 3.220(n) of the FRCP, the court will order the following:

• Expert witnesses shall provide written reports to the State of Florida within 7 days of the days of the date of this order. The reports must contain the following:

1. A complete statement of all opinions the witness will express and the reasons for them.
2. Any data or other information considered by the witness in forming or conclusions.
3. Opinions not expressed in the written reports provided to the State of FL and/or at depos taken during discovery in this case will NOT be allowed to be testified to at trial. In short, if an opinion which is not expressed in the report or deposition, that opinion will be disallowed at trial.
​

• As a sanction for the violation of the court’s order, the court will assess the costs incurred by the State of Florida in bringing this motion, including the time brought and reasonable attorney’s fees to be assessed against lead counsel, Mr. Baez. The State should fill out that affidavit of costs, submit it to the court with a copy to the defense; the defense shall have 5 days to contest that amount in that, and then the court will enter a final order as to the costs that will be paid.

Excuse the formatting. I copied from Word and it didn't transfer well here.

 

[manatee]

Well, don't look at me! I didn't say that at all. I called him a Buffoon and a Boring Stuffed Shirt, but I've never said he was an idiot.

I mean, I could if he really really wants me to.....y"know - to prove his point or something - and LOL with that Mr. Mason!

the funniest part about the LOL comment is that certainly JB and specially KC knows what LOL means. She is an expert! She must think he is an "idiot" as well. LOL!:great:

 

[logicalgirl]

the funniest part about the LOL comment is that certainly JB and specially KC knows what LOL means. She is an expert! She must think he is an "idiot" as well. LOL!:great:

I'm thinking you are right and it makes it even funnier! :floorlaugh:

So O/T questions somewhat - so what do you think Michelle and ICA were chatting about behind hands while CM and Baez were up at the sidebar have a little chat with HHJP?
For a change, it didn't look like they were all giggling and exchanging "do you think that cute guy has noticed me" notes......

 

[Chiquita71]

As quick reference for the purposes of this thread. I offer these definitions and if anyone would like to add information that is a bonus. TIA

(Evidentiary Hearing)
Within some criminal justice systems, a preliminary hearing (evidentiary hearing) is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial. In the United States, the judge must find there is probable cause that a crime was committed.
http://answers.yahoo.com/question/index?qid=20091019120644AAzOpZk

(Frye Hearing)
It's a hearing to decide whether an expert can be heard at trial and its done before hand. The judge decides if the expert can testify and they base their reasoning on whether the testimony is commonly accepted in the scientific community. If its novel or controversial, it is the party who wants the expert to testify's burden to bring in multiple experts that can state that the information has generally accepted scientific reliability based on genuine scientific principles and tests.



(Every time I watch this it gets even more funny. Hello to all MSTies World Wide!)
[ame]http://www.youtube.com/watch?v=Ws2_i0xA3GI[/ame]

:twocents:

 

[The World According]

Judge: Casey Anthony's Attorneys Violated Order

Raw Video of Hearing:

Part 1: http://www.wftv.com/video/26354520/index.html

Part 2: http://www.wftv.com/video/26354839/index.html

Part 3: http://www.wftv.com/video/26354915/index.html

Part 4: http://www.wftv.com/video/26355896/index.html

Slideshow: http://www.wftv.com/slideshow/news/26353702/detail.html

Thank you Nums and Patty!
[ame]http://www.youtube.com/watch?v=pzYuWqWt8w0[/ame]

[ame]http://www.youtube.com/watch?v=cciQcDXIVzo[/ame]

 

[LancelotLink]

I hope the state responds to the shovel motion with the fact that according to her own test messages, depositions from family, etc. Casey had not been home to BE tripping over bamboo or anything else.
All the motions and hearings are fascinating.

 

[manatee]

I'm thinking you are right and it makes it even funnier! :floorlaugh:

So O/T questions somewhat - so what do you think Michelle and ICA were chatting about behind hands while CM and Baez were up at the sidebar have a little chat with HHJP?
For a change, it didn't look like they were all giggling and exchanging "do you think that cute guy has noticed me" notes......

don't know about what she said to Michelle but I did notice on the raw video of her walking into court...mark 20s, JB tells her that she looks great, she says thanks and she says "I like your hair" to JB and giggles and prims...geez!
will review the exchange with Michelle see if I catch anything.

http://www.wftv.com/video/26354520/index.html

 

[zoomom]

Fox 35 - The video in this article is the only video I have seen of the defense after the hearing today:

http://www.myfoxorlando.com/dpp/news/anthony_case/010311-casey-anthony-back-in-court

Hey JB! What's with the "hung-over movie star" sunglasses?????:great:

 

[Aedrys]

I hope the state responds to the shovel motion with the fact that according to her own test messages, depositions from family, etc. Casey had not been home to BE tripping over bamboo or anything else.
All the motions and hearings are fascinating.

Yes, and since she comes from a perfect family, then how can anyone of them be clumsy enough to trip over bamboo? So who did trip over it, the dogs? And since when does Casey work or do anything to get her hands dirty? I'd be shocked to see her digging in the dirt for anything. She'd get someone else to do it. Lord. I've always thought that bamboo excuse is one of the dumbest things ever said. I hope that motion goes down in flames.

 

[Marshmallow]

I hope the state responds to the shovel motion with the fact that according to her own test messages, depositions from family, etc. Casey had not been home to BE tripping over bamboo or anything else.
All the motions and hearings are fascinating.

if I'm correct, and if I'm not please correct me, Casey was a'diggin bamboo roots at a time when Caylee was supposedly kidnapped? wouldn't that time frame make it allowable to be brought in as it shows to her demeanor during said kidnapping time?

 

[Horace Finklestein]

I hope the state responds to the shovel motion with the fact that according to her own test messages, depositions from family, etc. Casey had not been home to BE tripping over bamboo or anything else.
All the motions and hearings are fascinating.

That's a good point. The idea that she would suddenly, randomly decide to do strenuous yardwork, at the same time all of this was going on is beyond absurd. Did she normally help out with chores anyway??

 

[catnron]

He hasn't learned not to come into Court with a contemptuous attitude in all his years in Law School and several years of practise, so I highly doubt he will develop a sense of decorum or respect after yesterday. He just feels hard done by- did you hear his 'poor me' statement about his $3 per hour income? He will get the Lawyer of the Year award in the same year that ICA gets her Mother of the Year award. :innocent:

[unusual person] is making $3.00 hour,:twocents::loser: seems like State is paying him to much for his worth.. lets not forget lol

 

[manatee]

That's a good point. The idea that she would suddenly, randomly decide to do strenuous yardwork, at the same time all of this was going on is beyond absurd. Did she normally help out with chores anyway??

Good point. And the state will also prove that Caylee was already dead during this time as well. :-(

 

[JSR]

I've never seen a man wearing shades so large before...women yes...men no...until now..

Maybe it says more about the size of his head than the size of the glasses

I mean, really, what could possibly be in JB's head?? Certainly not a large brain

Yes, that was snarky. I'll continue being good.

 

[Bobbisangel]

Are you having FUN yet Mr. Mason???????? Aren't you glad that you joined up with this hot shot team. Just a barrel of laughs daily.

 

[Intermezzo]

Maybe it says more about the size of his head than the size of the glasses

I mean, really, what could possible be in JB's head?? Certainly not a large brain

Yes, that was snarky. I'll continue being good.

:innocent: Well...I did think that...just didn't post it...:innocent:

 

[Intermezzo]

Are you having FUN yet Mr. Mason???????? Aren't you glad that you joined up with this hot shot team. Just a barrel of laughs daily.

He must be...he joined a high profile DP case as a pro bono attorney and he gets to pay ALL his expenses himself.....

Wonder if his other high profile case is paying him a salary to compensate...?

 

[Intermezzo]

Yes, and since she comes from a perfect family, then how can anyone of them be clumsy enough to trip over bamboo? So who did trip over it, the dogs? And since when does Casey work or do anything to get her hands dirty? I'd be shocked to see her digging in the dirt for anything. She'd get someone else to do it. Lord. I've always thought that bamboo excuse is one of the dumbest things ever said. I hope that motion goes down in flames.

There would not have been any bamboo to trip over, especially with 2 year old Caylee around and outside playing...no way would George and Cindy allow it to get like that in case Caylee got hurt...no way.

:twocents: