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February 21, 2011

19

show cause or else be in contempt

by Andrea O'Connell

Today, in the case against Casey Anthony, Prosecutor Jeff Ashton filed a motion asking that Jose Baez show cause for why he should NOT be held in contempt of court for failing to submit documentation to the State and to the Court with regards to the upcoming Frye hearings.

Let’s start at the beginning of this fiasco.  As you know, during a February 7th court hearing, and memorialized in this order from the Judge, the Defense was given deadlines to submit expert witness reports, AND they were told to submit to the Court and the State a motion that specifies what aspect of the science in the Frye hearings they will object to, i.e. challenge.

Jose Baez had previously submitted a rambling motion with regards to the exclusion of chloroform as well as submitting a motion requesting the exclusion of decomposition odor. The Defense motions, says Jeff Ashton, are too vague and non specific as to what scientific evidence Baez wants to challenge.

The chloroform and the subject of decomposition odor are only two of the Frye items to be heard March 23, 24, and 25.

The Court ordered that the Defense submit what they intended to object to in the Frye hearings.  That deadline was February 17, 2011, and of course the Defense filed nothing.

Jeff Ashton, in his Motion for Rule to Show Cause points out that the State is hampered in its work as a result of the Defense not complying with court orders/procedures.  Therefore, the State requests that Jose Baez show cause as to why he should not be held in contempt of court for failing to comply with the Court ordered deadline of February 17th.

It is difficult to fathom what is going on here.  This is a very simple and straight forward Court order. As Jeff Ashton wrote, the Court’s order uses “clear and unambiguous language”.

Is Jose Baez ignoring this order and claiming to not understand it because he wants to fall back on his old trick of blind-siding his opponent in court?  Or, is this a situation where Mr. Baez is so out of his league with regards to the science, or with regards to understanding Frye, that he is incapable of knowing what to object to and how to object?

Will the Judge charge Baez with contempt for being too inexperienced to understand what he’s supposed to do?  Will ignorance be the cause?  Will Baez or Mason literally stand up before the court and say they do not understand?

I am not sure what to think at this point, though I tend to think that it is simply ignorance at play here and it is incredibly sad.  A life is on the line in this case.

When Baez is asked by Ashton when and if he filed his response, Baez seemed confused and didn’t understand what he was supposed to do – as if he’s in college and doesn’t understand or know how to do his homework.

After his discussion with Ashton, in which Ashton attempted to clarify the order, Baez went ahead and sent an email in which he throws Mr. Mason under the same bus that’s running over him.   Baez suggests in the email that Mr. Mason – the supposed venerable attorney – is also confused.  Perhaps Baez believes that if Mason is also confused it will lessen the impact?

Baez writes to Judge Perry’s Judicial Assistant the following email:

We are a bit confused.  Mr. Ashton just asked me about my objections to Frye.  When I read order from the status hearing.  I understood it to mean that if we were objecting to anything not in our motion that it should be in writing, that was also my understanding as to what was discussed at the status hearing.  I have also discussed the matter with Mr. Mason and he is just as confused if not more.  Our objections are clearly laid out in our motions.  If I had any other objections I would raise them after reading the State’s response but they have not filed one yet.  If the Court is requesting that we do something additional we would like to be heard in chambers to clear up the matter. Otherwise I think the logical choice would be to wait until the State files their response, so that we can be even more specific as to the issues to be heard.

But, the State HAS filed its objections to the Defense’s motions!  The are out there on the Ninth Circuit Court of Florida website as clear as day!  If a non-lawyer blogger can figure this out, surely Mr. Baez and Mr. Mason can, too.

Could it be that the scientific evidence is too far over the heads of Mr. Baez and Mason?  If so, how in the world do they intend to try this case? Is it possible they do not understand the scientific evidence and therefore do not know what to object to or how to object?   Are they so far behind in their preparation of this case that they have no understanding of what scientific evidence or testimony will be presented?  How in the world can this happen?

Do you see the pattern evolving here? Is the Defense setting its sights on a mistrial?  Sometimes after a mistrial, the defendant is able to be bonded out.  I wonder if this is what they’re up to?

This simply blows my mind.

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19 Comments Post a comment
  1. Feb 21 2011

    andrea l told you that bozo marie is going for a mistrial and it will happen again because he has no defense period.he is a big arse.BOZO MARIE GO AND GET LOST YOU HAVE SPENT ALL THAT MONEY FROM TAXPAYERS AND YOU PUT IT IN YOUR POCKET RIGHT?YOU DONT HAVE BILLS TO SHOW WHAT YOU HAVE PAID BECAUSE YOU FED YOUR FAT FACE RIGHT?NO MORE MONEY NOW WOW?WHAT THE HELL DID YOU PAY WITH ALL THAT MONEY?YOU WANTED TO GO TO THE ACADEMY TO MEET WITH THE EXPERTS BUT NOT ALLOWED COURT WILL NOT PAY YOU NOW.WHERE IS ALL THE MONEY?L BET JAC.SHOULD NOT GIVE THEM NO MORE MONEY LOOK AT THE OLDER CHENNY HE IS NOT BETTER THAN BOZO MARIE CHENNY MARIE IS GETTING JUST AS BEAD.FOLKS THERE IS GOING TO BE A MISTRIAL. THIS WILL DELAY THIS TRIAL AS OF MARCH WATCH AND SEE.

    Reply
    • Feb 21 2011

      I do hope you’re wrong, Annie, but I fear that could happen. We’ll all be old and gray before this case finishes – at the rate we’re going.

      Reply
  2. Whip
    Feb 21 2011

    If they don’t understand, then maybe they should just ‘google it’.

    Reply
    • Feb 21 2011

      Hey Whip! LOL! That’s what I do! Thank heaven for Google! :)

      Reply
  3. Feb 21 2011

    THERE IS A MISTRIAL ON THE WAY WATCH AND SEE.

    Reply
    • Venice
      Feb 22 2011

      I remember Judge Perry stating “this case WILL go to trial”.

      Reply
      • Feb 22 2011

        Hey Venice! Yes, he sure did say that…. I hope nothing happens to prevent it…. Regardless, I know JP will do every thing in his power to see this case go to trial as scheduled. So, that’s a good thing.

  4. Swift Justice
    Feb 21 2011

    These 2 bozoes make Dum and Dummer actually look smart.
    I have a new flash for them….they have been confused from minute one….
    when they stated that Casey is INNOCENT…..
    Now what could be dummer then that?
    Lord a Mistrial is looming in the distance…..I pray I’m wrong.

    Reply
    • Feb 22 2011

      Me too, Lona1… Judge Perry is pretty insistent that this case moves forward, I wonder if he’ll allow it to move forward with Baez? If Judge Perry feels the Defense case is in danger of turning into a catastrophe for the defendant, I am pretty sure he can dismiss Baez despite Casey Anthony’s objection, if Baez is not following the law. But, if that were to happen, there would have to be a delay in the case while a new lawyer gets up to speed….. I just don’t know it’s really hard to say…

      Reply
    • Feb 22 2011

      Hi Swift Justice… I pray we’re both wrong…. and like Venice says, JP is bound and determined that this case will go to trial. And OMG, yes, that innocent cry was a bit much – really over the top given the facts in this case.

      Reply
  5. Lona1
    Feb 21 2011

    If there is a mistrial, I doubt seriously that she would get bond……she has been charged with capital murder….not bond there. She would be considered a flight risk.
    By the way, how can a media w*ore attorney like Baez get away with stiring this towards a mistrial? Can such behavior not be stopped by the court? If it is so easy to get a mistrial, why do we not see it more often in other criminal cases? The disrepect for J. Perry is obvious. I think Baez has hell to pay come March, 2.

    Reply
    • Feb 22 2011

      Hi Lona Yes, I believe if it gets to be really egregious and if there’s potential for the Defense doing more harm than good by not following the law, I think the Judge can either dismiss Jose, or insist that another attorney take over in first chair. I’m going to find out…. and will report back, :)

      Reply
  6. Feb 22 2011

    Andrea, thanks for another great post. I have maintained all along that Cheney Mason is going to try every tactic in his bag of tricks to get a mistrial. Judge Perry is going to slam Mason with everything he has up the sleeve of his robe and there will be no mistrial.

    Reply
    • Feb 22 2011

      Hi Jonathon! I hope you’re right… I think that Mason is really sneaky that way, too. He reminds me of a characterization of a stereotypical lawyer who spends most of his time pontificating with a cigar and a glass of whiskey!
      Judge Perry has got to be furious right about now. Does he hold someone in contempt for being stupid? Is it stupidity or is it an act to attempt to fool everyone? Either way, the escapades of the Defense mocks the justice system, in my humble opinion.

      Reply
  7. Laurali
    Feb 22 2011

    Andrea great post! I read often and love the comments here. Did Jose really pass the Bar? I am going to need proof he has a license to practice law :). I think he is claiming ignorance because they missed another deadline. It is scary to think Casey is counting on these fools to save her sorry behind. She may have better luck throwing herself at the mercy of the court.

    Reply
    • Feb 22 2011

      Hi Laurli, Thank you for your nice feedback! :) I feel the same way, he seems to not understand procedures at all. I think that one thing that has hampered him (aside from his tendency to dissemble) is the fact that it was 8 long years between the time he finished law school and when he was allowed to take the bar. That’s no excuse, but it may explain his weaknesses… But, a better explanation may be laziness and his need to circumvent the system and take the easy and sleazy way out….

      Reply
  8. Sherry
    Feb 22 2011

    I still wonder if Mason gave Baez permission to drop his name in that email. I’m betting not.

    Reply
    • Feb 22 2011

      Oh I know what you mean, Sherry! I thought that was awful! He didn’t need to say Mason was even more confused than him, for crying out loud! What a horrible thing to say. Not only is he a terrible lawyer, he’s a nasty human being.

      Reply
  9. Feb 22 2011

    the trial will go on but that does not mean that there will be a mistrial.the end will tell of this case which l say what case.the stupid defense has nothing for a defending her.she is a killer period let them give her needle so she can get out of our way.we have been with this case from the start and its almost 3 years now its time for this game to stop bozo marie.mason is worst then bozo.he should just go to the old folks home is all is left for him now not trials and more clients.boo hooh bozo marie.

    Reply

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