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big trouble for baez?

Nancy Grace would be bellowing: BOMBSHELL about the interview between Brad Conway and the Orange County Sheriff’s Office. Why?  There are serious implications against Mr. Jose Baez.

The scenario, or situation that I am about to discuss, goes back to Laura Buchanan and her propensity for making up grand stories that might just help the Defense team a whole lot. It also involves Mortimer Smith, Andrea Lyon’s private investigator, and his propensity to elaborate without basis of fact.

As you know, there is a separate case being pursued against Laura Buchanan.  In the process of pursuing her case, issues have come to light that do not shed a good light on Jose Baez.

The cast of characters in this story are: Jose Baez, Mortimer Smith, Laura Buchanan, Mark NeJame, Brad Conway, Joe Jordan, OCSO, and indirectly, George and Cindy Anthony.

Narrative – breaking it down

Laura Buchanan, to insert herself into the case, allegedly alters a Texas EquuSearch (TES) search document that she, being a team leader, would have used during the search for Caylee Anthony.  Laura Buchanan searched the Suburban Drive area on or around September 1st.  She also had searched the Blanchard Park vicinity, and was in possession of the field reports that document the search.  These documents are the property of TES and were to be turned in at the end of the search to a TES staff member in a debriefing session.  Why did Laura have a TES search document?  Apparently Laura missed a debriefing session with TES at the end of her search and kept one of the field documents.

You may recall when Todd Maculuso stood (2009) in open court and professed that they have evidence that Caylee’s body was not in the vicinity of where it was ultimately found?  Furthermore, they were asserting that the body HAD to have been put there  AFTER Casey was imprisoned, and the defense is able to prove the area was dry, because TES searchers, namely Joe Jordon, searched that very spot and found nothing.

That was a huge thing for the defense, and would be significant exculpatory evidence that would benefit Casey Anthony.  You may remember there was a lot of hubbub in the media about this new claim.

In February of 2010, Jose Baez began asking Brad Conway to contact Laura Buchanan for him.  Baez made it known that she would support what Joe Jordan claimed – that she searched that very vicinity and there was no Caylee.

Brad felt it was not his job and he did not do it – he didn’t understand why Baez would make that request of him, especially since the evidence is critical and exculpatory.  Besides which, Brad was furious at Baez for going behind his back to work with his clients,  the Anthony’s, on a request to reverse the previous waiver of conflict that had allowed Mark NeJame to represent Texas EquuSearch founder Tim Miller Anthony’s.  In other words, Baez wanted Mark NeJame out of the picture totally and he did it behind Brad Conway’s back.

Baez also asked Brad to look in the TES records, stored in NeJames office, and look for the name Laura Buchanan on any of the documents from TES.  Brad did this for Baez and found no documents with Buchanan’s name. Which leads one to conclude that these documents were in the hands of Laura Buchanan.

Then twice in April of 2010, Baez again asks Conway if he ever got in touch with Laura. Brad said he did not.

Brad states:

It was odd to me that he was asking me this in.. in 2010 because in 2009 we’d gone through Joe Jordan and.. and other individuals that had supposedly exculpatory information and then it didn’t pan out. So, now you know we’re into February 2010, and now where Buchanan is coming up again. Ah, we’re.. you know ah, ten months, nine, ten months after he first started asking me aboutLaura Buchanan and these documents that would help his client out. And he’s still asking me if… if “I” ever got a hold of her? If “I” ever got these documents? And again that strikes me as extremely bizarre that documents that would be that important if they existed, wouldn’t be in his hands by now.

Bottom line to this scenario, Brad came to the conclusion the Baez was “testing” him to see if he knew anything about the purported exculpatory documents.  Why?  Because they had been altered and Laura was soon to be the next star witness for the Defense.  Laura was also asserting the Joe Jordon searched with her, which is not true.

In addition, Baez, in open court, and with Brad Conway right there in the courtroom, makes statements that are untrue with regards to Brad.  The dialogue that follows is from an October 3, 2010 interview with OCSO,  SA is Sergeant John Allen.  BC is Brad Conway.

BC: Ah, where the defense made representation that I was aware that there was information in the EquuSearch records that were essentially exculpatory or in other words, they said that the body was.. wasn’t there um, while.. the body was not there during the period of time when Caylee.. Casey Anthony was in jail.

SA:  But the defense being, the defense being whom made this representations to the judge?

BC: Mr. Baez.

SA: Mr. Baez made these representations to the court. Um, and at which time you thought what?

BC:  Bullshit. I.. bullshit it didn’t happen.

SA: Okay, and you never, you never told Mr. Baez it happened?

BC: No.

SA: So, you have no idea why he would represented that to the court?

BC:  Absolutely not especially with me sitting right there in the courtroom.

SA:  Okay. Um, once again we’re not lawyers I mean is it, is that normal for one lawyer to make representation to the judge in open court ah, when it’s not A, it’s not true and B, it’s not true with the other attorney that he’s making representations about be sitting right there in the courtroom?

BC:  No it’s not normal, it’s not typical because when you’re making a representation to a judge sometimes you’re wrong. But you don’t want to be wrong so you go out of your way to make sure that what you’re telling a judge is true and correct. Especially when the lawyer you’re talking about is sitting right in that courtroom.

SA:  Forgive, forgive my ignorance ‘cause (Inaudible)… we have to testify on the stand under oath. Is it, us there.. is there any problem with a lawyer knowingly representing something to the judge that’s not true?

BC:  Absolutely there is ah, it’s against the rules of professional conduct and although you’re not swearing under oath as a lawyer. You are an officer of court.. of the court and so you’re held to that standard of telling the truth as best you know. If you happen to mistaken that’s one thing. But if you’re intentionally misrepresenting facts to a judge.  Ah, you’re putting your bar license on.. on the line.

SA:  And he made these representations to the court with you in the courtroom?

BC:  Yes sir.

SA: And you have no idea where he would’ve gotten it from?

BC: I have no idea where he would’ve gotten it from because I know I didn’t tell him that.

SA: But the representation was that, was that he got this or that you had seen these in.. in the EquuSearch records correct?

BC:  That’s correct.

SA:  Okay.

This interview with Brad Conway was released in the recent discovery release.  Therefore, Jose Baez is aware that the OSCO, and most likely the State Attorney’s Office, are looking at him.

There is a lot of gray area as to what role that Mortimer Smith played with the doctored document – whether he took if from Laura Buchanan, or she kept it, is unclear.  No one seems to know where that original doctored document is. What does seem to be clear is the document was altered by Laura herself.

To be clear, I am in no position to come to any conclusions with regards to this story because there are always more than one side to every story.  With that said, however, there’s definitely more to this story – this appears to be an open and very active investigation, and one that, I assume, will continue to unfold.

However, we know how this story ends, in the short term, as it relates to exculpatory evidence for Casey Anthony… There is none.  In fact, there is more than sufficient proof that the area was under at least 2 feet of water, possibly more, making it impossible to search the area where Caylee was eventually found on December 11, 2008.

More on this topic soon…..

Here is a copy of Brad Conway’s interview with OCSO.

PS. I have a whole new kind of respect for Brad Conway!

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