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January 20, 2011

21

oh that contemptuous defense!

by Andrea O'Connell

As expected, Judge Belvin Perry who is presiding over the Casey Anthony case, DENIED the Defense motion, written by Cheney Mason, requesting the court vacate the sanctions and the civil contempt charge against Jose Baez.

Surprise!  There was never a finding of contempt!  Cheney Mason made that part up!

Perhaps Mr. Mason just felt that since Jose Baez’s refusal to follow the Florida Rules of Discovery was so blatantly obvious, egregious and outrageous, that he assumed Baez’s actions rose to the level of contempt? 

Now, this has been a bone of contention with me because I watched the film of that hearing three times to try to find where Judge Perry charged contempt because I didn’t think it was ever brought up in court.  I was sure that the Court had not issued a finding of contempt, but I second-guessed myself since Cheney was in the courtroom, and he should know!  He was arguing for Baez!!  So, it stood to reason that he’d know if there were a contempt charge or not. 

Nope. Not so much.

In today’s motion Judge Perry clearly points out that he told the defense they could argue the AMOUNT of the fine assessed against him.  He also points out, that the record will reflect there was NO finding of contempt!

Judge Perry goes on to say:

Instead, counsel argues a determination of civil contempt is unnecessary to ensure compliance with the Court’s order regarding discovery.  However, as the record will clearly reflect, the Court did not hold counsel in contempt.

The Trek to Nowhere

You may remember that Baez claimed that one of his employees, an attorney by the name of William Slabaough, got stuck in traffic which caused Baez’s court filing to be late.  However, this “excuse” was never mentioned by anyone at the time of the hearing on the matter.  It was only in Cheney’s motion to vacate that this came up.

Judge Perry addresses this situation as a footnote in his motion.

Is Judge Perry suggesting that something is not adding up here since this important fact was never brought up in court?  I’d love to know what you think:

Counsel now details efforts to fax approximately 300 pages, which the Clerk’s office declined, as well as attorney William Slabaough’s trek through rush hour traffic to file these pages, only to reach the courthouse after closing time on the date the information was due.  Counsel did not previously offer the information set forth in page six of the instant Motion for Reconsideration.  Regardless, counsel was directed to provide “a statement of the specific subjects upon which the expert will testify and offer opinions; the substance of the facts to which the expert is expected to testify; and a summary of the expert’s opinions and the ground for each opinion.”  Dropping 300 pages of documentation into the court file cannot reasonably be interpreted to comply with this direction.

In short, with his response to the Defense, Judge Perry makes it absolutely clear that Baez willfully violated the Courts very specific order.

I would be walking on eggshells about now if I were Baez.

I predict, if Baez continues to contemptuously ignore the Rules of Discovery, contempt charges will be in the picture. And that is not a pretty picture.

Here is Judge Perry’s order denying the motion.

21 Comments Post a comment
  1. Sherry
    Jan 20 2011

    Cheney Mason needs to pay attention and he needs to brush up on the case! He doesn’t come off as that hoped for intelligent counsel that the defense needed. I do wonder if he really will stick it out til the end.

    Reply
    • Jan 20 2011

      Hi Sherry Your new Gravatar is so darn cute…. love that expression! You know, we must be on the same wave length because I was thinking the same thing – that Cheney is not really paying attention and getting lost in the process. I think he was really always just a “prop” for Jose since the case needed a DP qualified lawyer. Cheney is just doing it for the grins because he thought it would be “fun”. Well, it just may sully his reputation if he doesn’t mind his P’s and Q’s with Judge Perry! Maybe these other cases he’s taken on will be his ticket to hop off this bus going nowhere. 🙂

      Reply
      • Sherry
        Jan 20 2011

        TY for the compliment on my gravatar. It kinda looks like me-if I were an emoticon-lol!

        I feel for Judge Perry because he has to deal with Mason and Baez. He has to stay alert for their antics. I have heard that when all is said and done in the court day that judges and lawyers will freely have dinner together as friends. I just can’t picture that happening with Judge Perry and Mason and Baez. 😕

      • Jan 21 2011

        LOL Sherry! I have to tell you, when I saw your gravatar, I thought to myself, Hmmmm, this reminds me of Sherry’s sense of humor!! I can picture you staring at Baez with that expression! Tee hee… just kidding. 🙂

        Anyhoo, yeah, it’s true that Judges and Lawyers socialize after work. I get the sense that Perry and Mason (Perry Mason!!!) have known each other for quite some time and are on good terms outside of court. I think since Baez is so adversarial to the point of being nasty, that he may not have too many friends … I could be totally wrong, but that’s how he strikes me.

      • Sherry
        Jan 21 2011

        That expression was chosen because of it being my most frequent reaction to this case ever since I heard Cindy Anthony say the smell in the trunk was rotting pizza! Then it came when I heard that Casey lied to LE…oh, it goes on until this day and probably will keep going on until Casey Anthony is a byword. Oddly, it looks like my emoticon is being goosed! It is the same expression I get when hubby pats my butt, lol! TMI, I know, lol!

  2. offthecuff
    Jan 20 2011

    Good to know JP saw through the smoke and mirrors and called Baez out. JP knows he has to pull in the reigns now to keep his court in line.

    Reply
    • Jan 20 2011

      You are exactly right, offthecuff. I think Judge Perry is not going to play anymore, he means business! I’m sure he’s not about to let his Courtroom and proceedings be a laughing stock. I can’t wait to see if Jose turns in the correct discovery and avoids more sanctions and a contempt charge… Oh boy! Time will tell, as they say.

      Reply
  3. Jan 20 2011

    hey andre, doncha just heart Judge Perry? lol he is smarter than the average bear! if baeeeeez sticks his neck out any more he is gonna get his ugly , lying, long nose cut off! as far as mumbles goes, he is beyond help. he does not even know the case. those two were meant for each other.

    Reply
    • Jan 21 2011

      Hey Midget! Oh my, yes, I sure do heart Judge Perry! He most certainly is smarter than the average bear; and he knows he has to stay on top of Baez and company or else they are bound to really mess up this case with their shenanigans… And, I think that Mason not totally up on the goings on in this case; he’s unaware of the details and particulars because I truly think he’s there, at the Defense table, as a figure head only. I don’t think he ever intended to get involved in the minute details, but he’s been dragged in lately, perhaps reluctantly so, judging by the shoddy motions he writes. Maybe this is why he’s looking for other work – to have an excuse to jump ship… just my guess….

      Reply
  4. Jan 21 2011

    Well done, Andrea! Thanks for getting me up to speed! It was a pleasure to read and now I must go off and do some nosing around of my own!

    See what happens when I actually work all day?!!

    Reply
    • Jan 21 2011

      Hey Kim! Thanks a bunch. I tell ya, I get distracted at work wanting to always check the news for any new developments! Keeping up with this case, and all the characters in it, is like a puzzle – only the picture changes daily and the pieces change from moment to moment, it seems like. Happy Friday! TGIF! (I live for the weekends!)

      Reply
  5. Jan 21 2011

    Happy Friday is right!!

    Reply
  6. Jan 21 2011

    Sherreeeeeeeeeeeeey! I almost doubled over with laughter! Hope you give the ole pinch-a-roo right back to the ole hubster!

    Reply
  7. weezie10
    Jan 27 2011

    Sherry; I think you should patent that emoticon. Can you do that? Be careful dear, the flies from the flaps of the Defence are heading to that O expression of yours. lol

    Reply
  8. weezie10
    Jan 27 2011

    Oh, and it’s never TMI, when it comes to men.

    Reply
    • Sherry
      Jan 27 2011

      Yer crackin’ me up tonight, Weezie! LOL! I think this emoticon is already patented-I just added the glasses and hair trying to get it to look like me as much as is possible. The yellow skin makes me look jaundice, tho~

      Reply
  9. weezie10
    Jan 27 2011

    Sherry; Are you in the puter business. How on earth… I mean how do you add to an emoticon. Oh for goodness sakes forget that question. I haven’t figured out how to post one let alone hear how you did this to yours. Love the shades Jackie OOOOOO. Hey atleast your dude pats you. The only patting in our house go to the kitties. They get more than me. I think i better have a talk with that one. lol. Just kidding. I pet them all the time too. I thought I was going to bed? what the heck????

    Reply
    • Sherry
      Jan 27 2011

      Naw, not in the business! There are websites that you can go to to do the add-ons. I have two of them downloaded on my computer and when things get boring I’ll spend time remaking the pics I have stored-its fun!

      Heehee, the kitties get patted more than I do in this household, too! 😛

      Reply
  10. weezie10
    Jan 28 2011

    Sherry; I think you should let Marinade in on your secret. He’s now creating websites and making money at it to! I have been remiss in commenting over there because I can’t seem to get my password to work. He and I have communicated about it, but I don’t know, it’s pretty strange. Kind of like spooks in the schoolhouse.
    I would love a gravatr that looks like (sure, sure you’re telling the truth). Kind of like a hmmmmm but scowly and bemused at he same time. Have any characters like that? FEMALE OF COURSE.

    Reply
    • Sherry
      Jan 28 2011

      I’ll see what I can find and send it out to you!

      Reply

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