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January 9, 2011

16

a fair trial with Baez?

by Andrea O'Connell

Our rights under the Constitution of the United States of America, afford us rights in criminal cases (Amendment V) and rights to a fair trial (Amendment VI).  Casey Anthony MUST have a fair trial, though it appears that her Sixth Amendment Right (to a fair trial) is looking severely compromised, ironically by her own attorney.

It is terribly important that Casey Anthony have a fair trial, though she doesn’t seem to care one way or the other.  She is fighting for her very life and she appears giddy and silly and flirtatious with the lead counsel on her defense, Jose Baez.

There is no denying that Jose Baez is not doing Casey Anthony any favors by his two year proclivity to grand-stand in front of the media about his case.  As the Orlando Sentinel aptly points out, Baez has up to now, tried his case in the public, using the media to float theories about other suspects, other evidence, and different time frames to indicate that his client is, in his words, “innocent.”

Needless to say, he has a tough client in Casey Anthony, but as legal scholars and practicing attorneys such as Bill Shaeffer and Richard Hornsby point out, Baez is in way over his head, and the defense case is in trouble.

Last year the Honorable Stan Strickland filed a complaint with the Florida Bar upon learning that Dominic Casey was on record as saying that if he were to find the body of Caylee Anthony, Dominic should call Baez before calling law enforcement.

The Florida Bar ruled for Baez, indicating they found no probable cause to support the complaint.  As of today, Baez is in good standing with the Florida Bar, though that was not always the case.

Jose Baez has only been practicing law since 2005, though he graduated law school eight years earlier, he was denied entry into the Florida Bar due to financial and ethical problems.  When the Florida Bar refused to let him practice law, Baez appealed to the Supreme Court of Florida, who agreed with the Florida Bar, and denied his entry.  In response to Baez’s’ appeal to the Supreme Court, they wrote an opinion, part of which concluded:

Each of these instances of financial irresponsibility standing alone may have been subject to reasonable explanation; however, we find that when considered together and with his violation of the court-ordered child-support obligations, these events show a total lack of respect for the rights of others and a total lack of respect for the legal system, which is absolutely inconsistent with the character and fitness qualities required of those seeking to be afforded the highest position of trust and confidence recognized by our system of law.

You may read the Florida Supreme Court opinion on the matter of J.A.B. here:  FLORIDA BOARD OF BAR EXAMINERS RE: J.A.B. Note:  in the Supreme Court appeal, the initials J.A.B. are used to hide the identity of the claimant, but the Orlando Sentinel uncovered documents that point to the identity of J.A.B. as Jose Angel Baez.

An Orlando Sentinel article, Can Jose Baez Rise to the Challenge of Casey Anthony Case? touches upon some very serious concerns that Casey Anthony herself should be questioning.

It’s difficult to understand how someone who is fighting for her very life would settle for, if not the worst, among the worst lawyers practicing in Orlando.

Could Baez be promising Casey Anthony the moon with a silver lining?  Is he whispering sweet nothings in her ear?

She is shielded from much of the news – no television or newspaper.  Is it even possible that Baez is leading her to believe she will be found not-guilty and set free?

Anything is possible, certainly, but not that!

Oh, please, not that.

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16 Comments Post a comment
  1. weezie
    Jan 9 2011

    Something else struck me as strange. When watching the end of the motions last week, I continued to watch as Baez left the court with Cindy’s hand resting upon his back. What in hell was that?

    Reply
    • Jan 9 2011

      Oh dear me…. I didn’t catch that! Baez must be doing something for her – maybe he’s finding a way to slip her letters to Casey again, though I read he has not been to the jail to see Casey for at least a month, so that may not be the case. Well, they are birds of a feather, after all is said and done. Can Cindy be so ignorant as to think Baez is doing well for her daughter? Perhaps, it’s just keeping it cordial and keeping the peace.

      Reply
  2. Sherry
    Jan 9 2011

    I wonder if Casey has heard about her lawyer’s ineptness on any radio talk shows there? She does have a radio but probably only likes to listen to the music. In any case, she is so smitten with her knight in shining armor that she is blind to his ineptness. If she knows that her parents didn’t initially approve of him that would just make her dig in her heels all the more. Can she appeal on ineffective counsel even though she has been asked if she wishes to retain Baez by Strickland long ago? I wonder if the judge could call a special hearing to lay it all out for Casey about her defense team?

    Reply
    • weezie
      Jan 9 2011

      Sherry; Do you really think that would happen? I didn’t know Casey would be treated with such special gloves, as a felon? Is that done with other cases? It’s absurd.

      Reply
    • Jan 10 2011

      Hi Sherry,
      Well, she’s been asked already if she’s okay with Baez. I don’t think Perry can ask her again – I don’t think, I’m not sure. But, if Baez gets sanctioned again, or if he’s held in contempt, there must be some form of redress for Perry, I just don’t know what is done. It’s tricky because the lawyer / client relationship is real sticky – sacrosanct really. The only thing that will happen, I believe, is Casey will appeal on the basis of ineffective counsel. If she wins the appeal, a new trial will be held, costing Florida a whole bunch of money again.

      Reply
  3. Molly
    Jan 9 2011

    weezie – I saw that too! and the time before she also had her hands on him. cindy’s all touchy feely. cindy showing solidarity?

    i think he has casey convinced he will prove reasonable doubt, hence all of his fingerpointing (especially in the media). but they do seem to be focused on the penalty phase. this would leave her in jail even if she can appeal.

    Reply
  4. weezie
    Jan 9 2011

    Andrea; I guess Cindy got tired of soothing George’s back, so her hands got lonely for another. She is something. As far as penalty faze. The one bright thing is that she isn’t going anywhere, and that’s fine. I don’t need a death penalty to feel like justice has been served. 23 hours per day for the rest of person’s life is far more painful and might have some justice in a person’s mind, why they are where they are. Death means no pain. So let’s get this right. I want a very fair trial, and a jury who will be able to hear what is relevant to the case. Casey isn’t special nor is Baez. I am putting my faith in the judge and his years of experience, that he will employ all his might to keeping things in order for this trial to go ahead. I am most worried about the hiccups along the way. It’s not that Baez is a great attorney, but he is the one Casey has. What worries me is that some yahoo is going to come out of the woodwork to challenge Baez’s competency in order to become famous. Let’s all take a step back and let the judge determine his fate. Thanks

    Reply
    • Jan 10 2011

      I know what you mean, but one thing you can be rest assured of, no one can challenge Baez’s competency at this point – it would not be allowed. The only one who could do anything would be Judge Perry, he could hold him in contempt for doing something untoward, or he could continue to sanction him…. but he’s fair, and he won’t do it unless it’s called for, again.

      What will likely happen, however, is once the trial is over, Casey will appeal on the grounds of ineffective counsel – I can see it coming as sure as I see the end my nose! LOL! But, it won’t be until after the trial. It would not be allowed to mess with Baez now… only Judge Perry could do that…. so, don’t you worry!

      Reply
  5. weezie
    Jan 9 2011

    Molly;; I’m not sure if Cindy has the ability to show solidarity except when it come to Casey. Even then you have to question, why she pulverized her daughter with questions regarding Caylee’s whereabouts. Cindy is quite the game player. I can see exactly how Casey learned every inch of her coniving behaviour. Of course George seems to be out of the limelight for now. I think someone told him to shut up and stay cool.

    Reply
  6. offthecuff
    Jan 10 2011

    I’m not sure how much more fair this trial could be? Casey has been allowed to choose and go with her current lawyer. Even if Casey has been kept ignorant of the real world surrounding her case, her parents have been in the know and they aren’t crying foul with Baez. The Judge has allowed extra money, hours, distance for experts and investigation.

    Weezie, I agree. We must let the judge handle Baez and determine if the trial will be fair enough.

    Reply
    • Jan 10 2011

      You have a good point, offthecuff, and that’s the reality of the situation – Casey is the only one who can fire Baez. The only other alternative is sanctions or contempt charges by the Judge, but there has to be cause. We’ll see if he gets his expert witness lists in on time! If he doesn’t, he’s in huge trouble.

      Reply
  7. jon
    Jan 10 2011

    Hi Andrea: I think maybe she did it because Cindy sees Baez as a possible conduit to Casey so she’s got to coddle him. We all know Casey has ignored her letters and requests for visits, so maybe she thinks she can use Baez to make some contact possible. Like I said to Eggy a while back, I wish the Anthonys and Baez would all get on an episode of “Lost” and just stay lost, except for Casey, of course, who’ll be in prison.

    Reply
    • Jan 10 2011

      Hey Jon! LOL @ an episode of LOST… Frankly, I think they’re already at a place called LOST, and we are all watching in shock!

      Reply
      • jon
        Jan 11 2011

        I’ve been meaning to tell you, your dog has a face to die for! What’s its name?

      • Jan 11 2011

        Awww, thanks Jon! His name is Jazz cuz he’s full of energy and dances on his two hind legs. 🙂

        Sent from my iPhone

  8. weezie
    Jan 11 2011

    I love Jazz. Now that’s talent. He takes after his Mom, YOU>

    Reply

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