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December 23, 2010

16

contempt! sanctions!

by Andrea O'Connell

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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16 Comments Post a comment
  1. midgesmom
    Dec 23 2010

    Good Morning Andrea. I just love your article ! So true ! It is about time this jerk gets slammed ! I just love your description of Baez (like a rooster on steroids) LOL. Spot on !!! I am pissed at his foolishness. I read his latest answer to the prosecution and thought this is NOT what the Judge’s order stated. Does he not understand the order. Even when it is explained directly to him he tries to bafoon his way out of it by spewing junk. He needs to be disbarred period. On second thought….mybe that is what he is trying to do…get kicked off the case as he cannot quit ! He’s got his money so what does he care .

    Reply
  2. Dec 23 2010

    Good Morning to you, too! LOL! Yeah, I am really fed up with this nonsense. Baez needs to be slammed in this case, but unfortunately, when he acts like this, he only hurts his clients – and harms their right to a fair trial. Like you said, though, maybe he’s looking for a way out of the case… because how could he be so stupid?

    It will be really, really interesting to see how this all plays out!

    Reply
  3. offthecuff
    Dec 23 2010

    Would Judge Perry be as strict as Ashton? So far, he’s played ball with Baez…addressing both state and defense when he wants to sound serious. Will he be gingerly with Baez?

    If Casey gets a public defender (emphasis on experienced, with no chip on his/her shoulder), will the trial date change?

    Reply
    • Dec 23 2010

      Hey offthecuff
      I would think that Judge Perry will take this seriously and apply sanctions. As far as contempt charges, I think that is a very likely option. If anything, the threat of contempt from the judge may help.

      Reply
  4. Weezie
    Dec 23 2010

    Hi Andrea;

    Baez may be doing this on purpose to debunk Casey’s trial. I think he is testing the court and the judge, putting them/him in a corner. He is creating a new case for a mistrial. He can deal with the punishment because the grounds for appeal will be strong and will expose the unacceptability of the court’s and judges decisions. He is making a mockery of the the justice system alright. I just hope when it comes time for a higher court to determine whether the judge made the right sanctions (and there will be many), that it won’t impede the case in point. I don’t believe Baez is stupid, just cunning enough to test the judge’s pulse and patience. He’s a master manipulator, just like Casey. They should both rot in hell. Or better still, be cell mates.

    Reply
    • Sherry
      Dec 23 2010

      Just as I would say! I agree with you on your assessment. If Casey is forced to get a new attorney-court appointed-then she will have a grounds for appeal. It will be interesting to see how Judge Perry will handle this. I think Baez knows what he has over the court. Unless Baez gets disbarred he will keep on playing head games with the court and State.

      Reply
      • Dec 24 2010

        Hey Sherry! Merry Christmas, my friend. I think that Baez will keep trying to play these games, too. This is why Judge Perry has to reign him in quickly before Baez gets more out of control.

        Judge Perry has to be sure that Casey cannot appeal in the future based on inadequate council. So, I would think he’d need to set something into motion at this point. It will be so interesting to see how this is handled… I can hardly wait!

    • Dec 23 2010

      Hey Weezie
      Its sure possible this is intentional but it’s a real stupid way to try a case. I happen to believe that it is incompetence driving this bus but it won’t work (I hope) as Ashton will throw him under the bus ultimately. Will talk to ya later! I’m playing w/ family tonight and typing this on my phone! But you make some excellent points, Weezie! 🙂

      Reply
  5. Weezie
    Dec 23 2010

    P.S. that’s strange my gravatar is changed?

    Reply
  6. Diana
    Dec 23 2010

    The money is all gone, the evidence is totally damning against his client, he has every legal eagle and blogger on his a$$ picking him apart, and he is also obviously unqualified to handle a death penalty case……………I would sure hate to be him right now!! 🙂

    Reply
    • Dec 24 2010

      Hey Diana, Happy Holidays! You are right on! He is completely unqualified to handle this case. You have to have a good measure of transparency as a defense attorney and realize that this case is going to be won or lost with a jury, not with the public or with the other side’s ability to see your strategy. He can have a strategy, sure, but his strategy should not involve tricks or games like he’s playing now. You just can’t do that with any success in the courtroom, in my opinion. The fact that he has no case has been apparent from day one, which is why he needed to either go for an insanity defense or dealt with the state to get her a deal early on. I feel this case is so lopsided and has no chance whatsoever to succeed.

      Reply
    • Dec 23 2010

      Yay!!! Thanks soo much midgesmom! 🙂

      Reply
  7. midgesmom
    Dec 23 2010

    Just read on wftv ch 9 news no motion heard today for Roy Kronk. Guess they won’t be using him as a scapegoat for the MOTY. Merry Christmas Mr. Kronk. I hope he sues the hell out of Baez and the Anthonys ! And by the way Mr. Kronk, thank you for finding little Caylee. I’m sure the Anthonys never said thank you..

    Reply
    • Dec 24 2010

      Well good! It will be a happy Christmas for Mr. Kronk. It was stupid to use him as a scapegoat anyway. Baez needs to try his case, not create another case based on Mr. Kronk, for cryin’ out loud! 🙂

      Reply
  8. Weezie
    Dec 24 2010

    Hey Midgesmom; I’m with you too. Roy never did get the thanks he deserved. Without him the case against Casey would be much lower or a return of not guilty!!! (god forbid).

    Reply

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