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December 11, 2010

21

now you know, baez

by Andrea O'Connell

Last week the Casey Anthony case brought a stunning exchange of emails between the State of Florida’s Assistant State Attorney, Jeff Aston, and Jose Baez.  The subject of those emails had to do with the defense’s refusal to release information about their defense expert witnesses (which the court previously requested be released via discovery).

The court made it clear in an oral order from the bench to respond with the discovery.  Baez did not follow the order.  Jose Baez’s argument, as you may recall, was “just call me and I’ll give you the information (about his expert witnesses).  When that didn’t work, he furnished Ashton via email, a paltry list of the names, addresses and phone numbers of the defense expert witnesses.

Of course this is beyond insufficient, and is a mockery of the court’s orders.  And when Ashton advised Baez that his response does not follow the court’s order, Baez, ever the rogue, responded again via an email, this time listing the specialty of the witness, i.e. “botanist” along with a condescending statement to Ashton “This you know” or, “You know this” or, “Tell me you knew this.”

Jeffery Ashton knows this, of course.  And he knows Baez was being recalcitrant in his actions before the court.  So, last week, Ashton filed a motion asking the court for clarification.  This motion resulted in yesterday’s hearing.

The result of yesterday’s hearing, you ask?  Well, the court directed Jose Baez to furnish the expert witness details to the State, post haste! The hearing lasted all but fifteen minutes. (Justice can be swift!)

Judge Perry handed down a short but concisely nailed coffin for Baez!  Oh it was poetic justice!

The Judge, none to thrilled, heard Mr. Baez exclaim: “this is nonsense,” in reference to the motion.  Baez just couldn’t understand why they were even there, at the hearing.

And, by the way, Mr. Cheney sat right next to Baez, never saying a word.  Now, Cheney is supposed to be a venerable, tenured Defense Attorney, why is he not counseling Mr. Baez?  Or could it be that Baez is so arrogant that he refuses to listen?  Why then is Cheney still putting up with this?  Does Mr. Cheney not care about his reputation?  I don’t get it.

Anyway, back to the hearing.  Judge Perry quickly ended the hearing with an order that will be a great burden to the defense.  Perry wants all the expert witnesses to submit their Curriculum vitae, topics and summaries and opinions of their investigations!

Well, my friends, Jose Baez (who may have thought he was so clever by not having his experts create reports), is now REQUIRED to have these experts write their opinions!

Oh, this is indeed rich.

Most of this material is due to be filed by December 23.

Judge Perry is asking the same of the State, but they have already complied with these orders therefore this will not be added work or a hardship to them.

Baez had little to say after this hearing.  He usually entertains local news reporters at the courtroom steps, but he must have been feeling out of sorts because he had no comment. However, Baez did respond to an Orlando Sentinel reporter with the following:

Asked later whether the recent exchanges between the prosecution and defense suggest something about the tone the case is taking as the sides approach trial in May, Baez said, “I think it goes to the passion of each person’s commitment. We’re committed to Casey Anthony and her innocence and we’re committed to being able to demonstrate that in court.”

“We’re not going to roll over, not at all,” he added.

Roll over?  Passion?  No, no, no!  We are talking about court orders – rules of discovery!   Regular citizens get thrown in jail for refusing to follow court orders but Baez can do whatever he pleases and call it “passion.”

And, again “innocence” is the battle cry.  Now, if Casey were indeed innocent, wouldn’t Mr. Baez be thrilled to hand over the reports of his expert witnesses?

My goodness, this would be a great opportunity to show the State of Florida how wrong they are!  Why, if I was Baez and I knew my client was innocent, I’d hand-deliver my expert witness reports directly to Mr. Ashton.  Heck, I’d even seal them with a kiss!

Innocent people don’t hide.  And, real criminal defense lawyers don’t act like Baez does.

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21 Comments Post a comment
  1. Venice
    Dec 11 2010

    BRAVO! EXCELLENT READING!

    Reply
  2. Dec 11 2010

    Hey Venice…. Thanks so much! 🙂

    Reply
  3. Rob
    Dec 11 2010

    Hi Andrea, Great post. Mr. Baez should return to law school, and retake three years of law classes. He is the sorriest excuse for an attorney I have ever seen. Do you think he is trying to be disqualified? No one could be that stupid. I would hate to see Casey have grounds for a retrial. This case is a three ring circus. The sad thing is a baby is dead, and a mother is charged with murder, not a very entertaining show. Hopefully, justice will be served, and Casey will spend the rest of her life in prison.

    Reply
  4. Dec 11 2010

    Hi Rob, Thanks for your feedback! You know, if I were to give Baez the benefit of the doubt, I would say he was willfully trying to hide his expert witness content from the State. But, then again, he could be so ignorant that he wouldn’t know how the rules of discovery apply to expert witnesses. it’s criminal, no matter how you look at it, imo. 🙂

    Reply
  5. Sherry
    Dec 11 2010

    Andrea so eloquently sez:

    “And, again “innocence” is the battle cry. Now, if Casey were indeed innocent, wouldn’t Mr. Baez be thrilled to hand over the reports of his expert witnesses?

    My goodness, this would be a great opportunity to show the State of Florida how wrong they are! Why, if I was Baez and I knew my client was innocent, I’d hand-deliver my expert witness reports directly to Mr. Ashton. Heck, I’d even seal them with a kiss!

    Innocent people don’t hide.”

    HEY, BAEZ!!! REREAD THAT STATEMEBNT! Atta boy, Baez! If Casey is innocent then carry on as if its the truth! Your actions keep betraying you (…and I don’t wonder why!).

    Well said, Andrea! You hit a bullseye with this post.

    Reply
    • Dec 11 2010

      Hey Sherry! LOL you’re too funny! You know, I was thinking about this today as I was shopping until dropping…. And, my sister in law said something that makes a lot of sense. She thinks that Baez knows exactly what he’s doing and he’s just playing a game of hide and seek with the reports and the info from the experts because he has no defense. His experts, I have no doubt, probably don’t have much to hang their hat on in terms of evidence that refutes what the state is proving. It could very well be that Baez is just playing the fool to hide the fact that he has absolutely no case and no evidence. Either that’s the case, or he’s really really horribly negligent. I don’t know which scenario is worse!

      Reply
      • Sherry
        Dec 11 2010

        I believe your sister is right! I’ve wondered if Baez has just procrastinated in getting the info from his experts. I find it hard to believe that the experts would waste their time in research without giving a statement on what they discovered. Does that really happen? IDK~

      • Dec 11 2010

        Well, from what I have heard from talking to attorneys, it’s best for defense expert witnesses to not make notes or write reports. And so the attorney is not responsible for turning over material that doesn’t exist. I just bet that what his experts found is not beneficial….either that, or he wants the element of shock and awe in the courtroom, keeping the state off balance. But, there are rules of evidence and he can’t do that in Florida. The rules of discovery are reciprocal. If he doesn’t turn over his reports by the 23rd, I really hope Judge Perry charges him with contempt and throws him in jail for a night, or three. Maybe then he’d loose that arrogant swagger and start acting like a real lawyer. It just makes me so mad, Sherry! Casey Anthony’s life is on the line here and he plays games! He’s lucky Judge Perry is a nice guy.

  6. cali patti
    Dec 11 2010

    Well written and interesting to read. Thank you. If a defense atty has evidence to show innocence or place serious doubt in a jurors mind then don’t they run to the prosecution?
    With that type of information isn’t that how plea deals are often made?

    Reply
    • Dec 11 2010

      Hey Cali patti. Yes, when the defense has material facts that are favorable to their client, they generally share it with the State as soon as possible! They will always run to the state with evidence that is favorable to their case! A plea is in everyone’s best interest. But, the plea deal has to be negotiated when the evidence is strong enough to weaken the State’s case. And, the defense needs to work with the State BEFORE the death penalty gets on the table. Once the State has the evidence to support the DP, it’s pretty much a done deal, most times. The State is not usually open for a plea at the point where the DP is on the table.

      Reply
  7. midgesmom
    Dec 11 2010

    Great article Andrea. Unfortunately Baez did find words after leaving the courtroom. He said the hearing was a waste of taxpayers money. It was on ch 13 news. I don’t know how to get the link to here from there, but if you look @ Bullstoppers article it is listed there. I can’t believe he still doesn’t get it. I love the Foo-Foo comment. LOL ! Awesome.

    Reply
    • Dec 11 2010

      Hey Midgesmom! Thanks soooo much for pointing out that Baez was on Ch. 13. I just found it… Here’s the link (hope it works!) He does make mention about the hearing being a waste of taxpayers money. Well, it’s his damn fault there was a hearing!

      I find it so maddening to hear his comments…. he’s either playing us for fools, or he’s incompetent, or he’s just hiding the fact that he has no evidence. Either way, he should have been charged with contempt.

      Reply
      • Sherry
        Dec 12 2010

        I’d say its for all of those reasons!

        I’d love to wipe that smugness off of his face! However, that day will come this Spring and the State of Florida will do it quite nicely with a guilty verdict for Casey.

      • Dec 12 2010

        me too, Sherry. I can’t wait to see him get his final serving of comeuppance come trial time. But, the sad part is that he’s doing such a disservice to whomever he represents. If anyone needs malpractice insurance (if there is such a thing for lawyers), he needs it.

        Casey Anthony will be found guilty but she’s going to get the worst possible sentence, I’m afraid. Now I think she deserves a harsh penalty, but I don’t think it should be the result of incompetence by her attorney.

        Baez worries me only because of the death penalty. I think the jury will see what we see – incompetent lawyering – but, I don’t think they will pity Casey because of it like I do…that’s what concerns me here, frankly.

  8. midgesmom
    Dec 12 2010

    I just watched the clip again. He never accepts responsibility, always trying to blame someone else. He is beyond numb. Does he really think we believe him? I did notice tht he didn’t have that stupid smirk of his. I kinda thought he looked “shell-shocked’ LOL. He still doesn’t get that the previous order stated in writing not by phone call. I wish Kathi B had been there to question him.

    Reply
    • Dec 12 2010

      I agree… he didn’t have that cocky attitude this time! Could it be that he’s worried? Shoot, I am pretty sure his experts will have very little of value to add to this case. Bottom line, Baez has no case!!! That’s the long and short of it, I believe.

      I watched the WFTV’s coverage, and Kathi must have had that day off because another reporter was there, but said Baez didn’t comment or respond to his questions, which is why I originally thought that there was no statement to the press.

      I sure wish Kathi had been there, too! she would have nailed him big time. I love to see him wiggle and hem and haw when Kathi questions him!

      Reply
  9. midgesmom
    Dec 12 2010

    I am wondering how many experts will be left on the 23rd of Dec. Just because they are on Bozo’s list does not mean they will testify. It will be interesting to see how many reports will be done. If I rember correctly the judge can prevent them from being on the list if they do not give the information needed. Is it just my wishful thinking or is that the case ? And I was reading last night that in Florida the jury only has to have a majority vote for guilty or not guilty as a 7 to 5 vote will carry the verdict. Where I live it hs to be all 12.

    Reply
    • Dec 12 2010

      I wonder how many will be left, too. Yes, you’re right. They may not all testify if they are not helpful to the defense, or if for some reason they don’t qualify as experts. They have to add value.

      They can have a hearing where the witness discusses his or her findings, and if they don’t have merit, the Judge can strike them, I believe.

      Well, in Florida, as in all states there has to be 12 persons agreeing to either guilt or not guilty. If all twelve jurors cannot agree in that phase of the trial, that’s when a mistrial is called.

      You may have been reading about the Penalty Phase that results if there is a guilty verdict. Ann Fennell is preparing right now for this phase. She is the penalty phase attorney who will try to save Casey Anthony’s life… So, I do believe you are right, there is a majority rule in this phase, and then the Judge has to concur. If the vote for the DP is all twelve “for” or eleven “for” the DP and one “against” I believe it’s majority rule, but I’m not 100 percent sure.

      I do know that the Judge has the option to side with the jury or not in the penalty phase.

      I love the law but I don’t come close to knowing all the rules…LOL!

      Reply
  10. midgesmom
    Dec 12 2010

    Sorry about the a’s that get left out sometimes. One of my cats jumped on the keyboard a few weeks ago and flipped my a right off my keyboard. Sometimes it works and other times it doesn’t. I try to check but sometimes I forget or just plain don’t see it’s not there.

    Reply
  11. Louise Fell
    Dec 12 2010

    Great post, simply caught perfectly.

    I was thinking that Baez has not changed his spots throughout his tenure. It’s hard to really understand his lack of manners in a courtroom and his disobedience to the judge. I imagine he was like this since childhood days. Pushing his parents to the limit, testing to see how far he could go. Actually, he has the very traits of Casey when all is said and done. It’s like watching the puppetmaster 1 outwit the puppetmaster 2. I just can’t figure out who is 1 or 2.

    About Chaney Mason. I think he is holding his breath hoping that the deeds of Baez go unnoticed or ignored. Let’s face it Chaney has no morals either so he isn’t worried about his reputation, only about winning at all cost. Is it possible that Casey has a witch’s touch? The more I see the Defence wiggling their strategy, I get very bad vibes that Casey has something to do with it. I believe the world has now witnessed a liar who is so profound that she has put a spell on her own Defence team. JMO

    Reply
    • Dec 12 2010

      Thank you so much, Weezie. Yes, Baez has hardly changed his spots, but I am convinced, after having watched him all this time, that he’s just not capable of handling this case. He is out of his league. Remember, he is not Death Penalty qualified and yet, he is the only one doing the work! What the heck is Cheney doing? Anne Finnel is going about her business and working on the penalty phase and that leaves Baez to his own defenses. Scary.

      Yes, sure may have the same traits as Casey in terms of manipulation… good point! She’s a master manipulator, but too dumb to see when her spell has dried up and lost its potency. Her crazy lies are so obvious to everyone (but her parents and lawyers) but she can’t see this… she can’t see the trouble she’s really in here. I truly think she’s living a fantasy – that’s what lies are anyway, fantasies. Both she and Baez have built themselves a mighty strong fantasy… my goodness, they are too much!

      Reply

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