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Archive for December 23rd, 2010

23
Dec

contempt! sanctions!

Oh, I was waiting for this to happen!  As you may recall, in response to the second court order in the case against Casey Anthony, the defense recently released their version of discovery with regards to their expert witnesses.

As I mentioned previously in A Sophomoric Summary post, the defense answered the motion to provide expert witness testimony with a churlish, laughable and utterly contemptuous litany of what amounted to non-answers to the state.

And now, well Christmas has come early for Casey Anthony  –  though she may not realize it – because Assistant State Attorney Jeff Ashton is calling for sanctions and possible contempt charges against the defense for failing to follow the courts order and provide details of their expert witnesses!

I do not have the copy of the motion for sanctions written by Assistant State Attorney Jeff Ashton.  My source for  information is the Orlando Sentinel story released last evening.  (I have been so busy with my family, I missed this story last night!)

Click here to read the full Orlando Sentinel story.

The motion boils down to this, from Jeff Ashton:

in deliberate non-compliance with the court’s order as to certain of their listed experts and that sanctions to address the non-compliance are necessary.

Not only does Jeff Ashton call for sanctions, but he also uses a wonderfully harsh and professorial tone.  Here he calls the defense’s response laughable:

The excuse provided is laughable and indicative of the deliberate attempt to flaunt the rules and intent of discovery and this court’s order.

It would do Jose Baez good to be thrown in jail for contempt charges.  For Pete’s sakes, the court throws regular people in jail for refusing to follow court orders, I think it’s time for Baez to spend a night or two in the slammer, maybe then he’ll have some empathy for his damn clients?

I am sick of the blowhard Baez flaunting his cock-sure ego around the court like a rooster on steroids.  He has a client facing the DEATH PENALTY and he plays games!

There should be laws against these kinds of attorneys who do whatever it takes to sleaze their way around the rules of criminal procedure in an effort to hide the fact that they have NO CASE!

Any fool can see what he’s doing. Baez has no case, he has no money, and instead of doing his best to defend his client, he plays with the media and issues innocent proclamations in an attempt to make news and taint any potential jurors that may hear this case.

Oh I am mad. I am fed up with this nonsense. And thank God, Jeff Ashton (who by the way, is my new hero) is fed up too.

So, what do these sanctions mean for the defense?  Well, a hearing will be held on the matter and Judge Perry will decide whether to issue sanctions.  You see, a court case follows strict rules and deadlines and when one side does not comply with the orders from the court, the other side can request they be punished.  The punishment hurts the other side’s ability to present its case – something Baez does not need.  The sanctions are determined by the Judge in the case, but are based on recommendations from the other side.  Jeff Ashton is suggesting the following:

Ashton noted that Florida rules of criminal procedure allow the court to prevent parties from calling witnesses or introducing certain evidence if they fail to follow discovery rules. He also cites rules stating an attorney can be subject to “contempt proceedings” and costs by violating discovery rules. ~ Anthony Colarossi, Orlando Sentinel

As mentioned earlier, contempt proceedings would do a world of good here.

Better yet, how about appointing a Public Defender?  The way Jose Baez has been performing lately in this case, he’s asking to be kicked to the curb.

Wear your pointed boots to this hearing, Judge Perry, please.

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