State of Florida's Motion to Strike Defense Witness List

Discussion in 'Caylee Anthony 2 years old' started by jnTexas, Jan 29, 2009.

  1. jnTexas

    jnTexas Can't wait for softball and baseball to start :-)

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    I have not seen this discussed as of yet.

    http://media.myfoxorlando.com/photogalleries/012309witnesslist/indexGallery.htm

    Taken from the doc:

    On November 20, 2008, the defendant filed a doc title Defense Witness List listing three witnessess under Category A and otherwise incorperating "the entire State's Witness List by refernece."

    The defendant's 'incorporation by reference" is an even less conscientous effort to name only those witnesses she expects to call at trail as is makes no reference to any particular filing and makes no accounting for amended or supplemental witness lists filed by the state.

    Looks like Beaz made another booboo!!
    Can't wait till the trial tomorrow.:crazy:
     
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  3. ohiogirl

    ohiogirl New Member

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    What a dope. Is he trying to be sneaky, or just lazy?
     
  4. jnTexas

    jnTexas Can't wait for softball and baseball to start :-)

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    Maybe has pays by the word for documents to be typed. LOL
     
  5. sweetmop

    sweetmop New Member

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    What's with Jose Baez?
    Is he just plain lazy or just plain dumb?
    He is always trying to get someone to do his work for him, isn't he?
    Jose seems to have his own issues with "feelings of entitlement". It's most bizarre. I'm surprised that some of those high powered members of the defense team want to put their name on the line by associating with him frankly.
     
  6. Mamabear1963

    Mamabear1963 New Member

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    So let me get this straight...instead of listing witnesses...he said...

    "yeah, whoever they are going to have share, me too" ?

    Is this normal?

    I feel like I am taking a law course here...
     
  7. whiteangora

    whiteangora I'm on the right track baby. I was "Born This Way"

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    The truly bizarre part is that he managed to find a client with the same twisted characteristics as his own.
     
  8. Capri

    Capri New Member

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    My error, I read it incorrectly. I deleted my post...sorry
     
  9. Marina2

    Marina2 New Member

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    From my reading, the real issue is this:

    From the state's motion:

    "As noted in Dufour v. State. 495 So.2d 154 (Fla. 1986), the listing of witnesses by the defendant limits the prosecution's plenary power to subpoena witnesses and take ex parte testimony as to any violation of the criminal law within its jurisdiction (citing AbleBuilders Sanitation Co. v. State. 368 So.2d 1340 (Fla. 3d DCA), dismissed 373 So.2d 461(1979) and Florida Statute 27.04.)"

    Apparently, after the defense provides a witness list to the state the state can't interview anyone on it without giving the defense notice and allowing them to attend the interview and examine the witness. If the state does so without notifying the defense and allowing attendence, the witness testimony can be excluded from trial or the whole indictment thrown out.

    By listing the entire state's witness list, the state can't talk to any of their own witnesses without Baez breathing down their neck and questioning them as well. And, as noted in the motion, there is no accounting for ammended or supplemental witness lists filed by the state. In effect, the state can't speak to anyone without Baez present.

    The original intent of the rule of law "serves the protective purpose of preventing the state from driving an unfair wedge between defense counsel and its key witnesses, through ex parte examination, during sensitive pretrial stages." Baez is attempting to use this rule as a "sword" instead of the "shield" it was meant to be.

    Link to case cited in the state's motion:
    http://www.law.fsu.edu/library/flsupct/65694/op-65694.pdf
    (bottom of page 10 to page 12 for relevant part)

    The judge will approve the state's motion and strike that part of the state's witness list, imo. It's a dirty trick. Baez should have known the state wouldn't let that witness list go unchallenged. He really is stupid.
     
  10. RevCrim

    RevCrim New Member

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    Did JB really pass a bar? Or/did he stumble into one?

    Seriously, is it customary for a defense attorney, especially in a murder case, sit back and wait for the prosecution do all the work for him? I followed the OL trial closely and never saw the likes of such.
     
  11. Star12

    Star12 New Member

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    Jose says he's doing the best he knows how.

    I don't have confidence in him, and I think Casey is very much ignorant of the law and doesn't know any better. JB to her is a lawyer (impressive) and he is one of the few people she sees. He is her savior.

    Jose. He's preparing for a major murder trial, and yet he's teaching a class, which means he has to prepare for that. All these bogus vanity (his) motions he's filing. How does he, or his firm, have time to take care of his paying customers?
     
  12. Chilly Willy

    Chilly Willy New Member

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    I thought Baez had brought in more experienced attorneys to help with this case because he was not qualified. What happened to them? Did they disappear when the death penalty was taken off the table?
     
  13. Theonly1

    Theonly1 New Member

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    I think one or two of them did!
     
  14. jujube

    jujube Member

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    It was a good try though.:crazy:
     
  15. JustJax

    JustJax New Member

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    That is what I was just thinking too...where is LKB? Is she just sitting back waiting for JB to flub it all so there may be grounds for appeal due to ineffective council? Surely that can't fly in any court of law.
     
  16. bunnyphoenix1

    bunnyphoenix1 Former Member

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    I know people will hate me for saying this, but I have to say it!....

    In my opinion, this is ridiculous. Sure, JB is inexperienced, and perhaps not very clever. But there is no way the Judge is not going to allow JB to rectify this, and IMO, it's a waste of court time and money for it to be argued. Why wouldn't the SA just pick up the phone and say "hey, I noticed you haven't amended your witness list to take into account our new witness list...I think you ought to get that done." Thousands of dollars and court time saved.

    A good prosecutor doesn't take advantage of a defence lawyer's inexperience...they should be just as concerned that the accused gets a fair trial, after all, they work for the State.
     
  17. bunnyphoenix1

    bunnyphoenix1 Former Member

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    Interesting and thank you for setting that out for us!

    From what I heard on NG or JVM last night, another lawyer said it was standard practise to list all the Prosecution witnesses, or at least that that was what he did.

    I personally don't see a problem with the State not being able to talk to them without Baez present. In England the Prosecutor cannot speak to any prosecution witness without the defence there.....that way everyone knows they weren't coached etc about their evidence. And it's sad, but true, that some prosecutors have done that.
     
  18. Valrico Analyzer

    Valrico Analyzer Semper Fi, do or die!

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    If SA intended to do so, that was a brillant move, take DP off the table & watch the big names disappear...LWOP is better anyways, IMO.

    I still cant help but think, is this a ruse for her to auto appeal on ineffective counsel?
     
  19. bunnyphoenix1

    bunnyphoenix1 Former Member

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    Not all by itself...it is a pretty minor thing and the judge will certainly let him rectify it. If they try ineffective counsel on appeal, they may list it amongst many other mistakes they say he made. But getting a verdict overturned because of ineffective counsel is almost impossible, and as bad as JB is, I don't think he's anywhere near that point yet..if he makes major mistakes at trial, that will be a different story.

    Frankly, I think the biggest mistake he has made was putting his client's story(s) out there in the press...a serious sign of inexperience....any defence lawyer who has been around the block knows their clients "story" may change many times before trial, and you would never ever put it out there!
     
  20. Chilly Willy

    Chilly Willy New Member

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    Bold mine.

    I'm not sure he's actually done that. Has he stated in the media that they will go with the Zanny defense? Or some other defense?
     
  21. Macushla

    Macushla Our Royal Himalayan Gopher Hounds

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    Wow - that was actually a nice try on JB's part! Don't think it is going to work, but it was worth a shot. I have to think that one of the other members of his team came up with that - Perhaps Ms. Baden?

    Alternative theory - JB was actually that lazy and didn't even realize what he was trying to do, other than not have to write down a whole bunch of names!:)
     

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