As discussed in the most recent court hearing in the Casey Anthony case, the Honorable Judge Perry made a very clear, utterly succinct ruling regarding the disclosure of details surrounding the content of the defense expert witness testimony.
Jose Baez has until 4 pm tomorrow (December 3rd) to submit, to the State of Florida, details surrounding what the defense experts are going to testify to at trial. This type of rule is a common one within the rules of discovery in criminal cases in the state of Florida.
So, what does Baez submit to the State? A LIST of names, addresses and phone numbers of the expert witnesses!
Assistant State Attorney Jeffrey Ashton, responding to what is sent, attempts to clarify to Baez what the court intended when it made its ruling, on Monday of this week.
He wrote to Baez:
That is not what the judge ordered. He order [sic] you to provide the matters in writing. I want a written statement of the substance of their testimony as ordered by the court….(sentence blacked out) …. Do you agree with my interpretation of the Judges oral pronouncement? If not, we can seek time with the court to have him clarify any confusion. Thank you.
To which Baez replies:
You know what are [sic} all of the forensic issues are. If you have a question about any particular witness, just ask and I will be more than happy to answer it. (sentence blacked out) ….Just ask me what you want to know.
I clearly remember Baez saying the exact same thing in open court and the Judge responded, pointedly, that the defense MUST respond in writing with the intent and subject matter surrounding the TESTIMONY of the expert witnesses!
Is Baez daft? Did he not listen, or does he simply not follow the rules? Is he that bold that he would deliberately do the exact opposite of what the Judge ordered? What a NERVE!
And not only does he not respond as requested, when he DOES respond what does he say in an email to Ashton? Over and over he repeats the phrase “you know this” with regards to a expert name on the list. The tenor and tone of the email response is utterly condescending!
Here’s a sample of what Baez sends to Ashton – this is how he follows the courts orders:
Now, I know our system of justice is “adversarial” but what Baez sent and responded to is beyond the pale of rude and most assuredly unprofessional.
This is how Baez wants to win his cases…. he wants “shock and awe.” I truly believe that he wants to surprise the State by not sharing with them what these expert witnesses found. The rules of discovery require that he share the findings of these witnesses!
A motion was filed today by Assistant Attorney Jeff Aston for a hearing on the matter. Here’s a link to the motion.