amethyst221
Former Member
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- Aug 4, 2008
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I agree with the posters above who are tired of the talking heads calling everything released under the Sunshine laws "leaks." There may have been some leaks, but all the disclosures of discovery materials are NOT that.
I just read the paragraph posted of the emergency motion for a protective order. It's pretty specific in its language and focuses on A/C interactions between the defendant and her attorney. It doesn't even seem to cover the witness statements that were accidentally released. It also doesn't seem to cover the tape of her reaction without her lawyer present, if this is all that JB has filed. I admit I need to go read the entire motion and see what else it out there. My impression was that he had not even filed any TIMELY motion.
Having said that, I imagine that the state didn't want to skirt close to the edge here, and if JB was challenging the tape of Casey A's reaction before JB got there, they would have waited for a ruling before releasing the interview transcripts about the same subject matter. Judges hate constant disputes and inability of the parties to agree on anything, especially right from the outset of a case. So the best thing to do is to try to be reliable, reasonable, compliant, and to establish some credibility with the court. The SA's have been pretty cautious and measured, but anyone can make a mistake. Responsibilities get delegated. You can miss things. If the court feels it has to do something, it could exclude the evidence. The case isn't going to rise and fall on this.
As to the report to the Bar, if that's true, then Judge S was just doing what is required. Someone else must have had the same reaction. The defense could try to recuse him, but they have to make some showing. It isn't automatic or all that easy.
I just read the paragraph posted of the emergency motion for a protective order. It's pretty specific in its language and focuses on A/C interactions between the defendant and her attorney. It doesn't even seem to cover the witness statements that were accidentally released. It also doesn't seem to cover the tape of her reaction without her lawyer present, if this is all that JB has filed. I admit I need to go read the entire motion and see what else it out there. My impression was that he had not even filed any TIMELY motion.
Having said that, I imagine that the state didn't want to skirt close to the edge here, and if JB was challenging the tape of Casey A's reaction before JB got there, they would have waited for a ruling before releasing the interview transcripts about the same subject matter. Judges hate constant disputes and inability of the parties to agree on anything, especially right from the outset of a case. So the best thing to do is to try to be reliable, reasonable, compliant, and to establish some credibility with the court. The SA's have been pretty cautious and measured, but anyone can make a mistake. Responsibilities get delegated. You can miss things. If the court feels it has to do something, it could exclude the evidence. The case isn't going to rise and fall on this.
As to the report to the Bar, if that's true, then Judge S was just doing what is required. Someone else must have had the same reaction. The defense could try to recuse him, but they have to make some showing. It isn't automatic or all that easy.