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February 4, 2011

48

bad, bad day for baez

by Andrea O'Connell

Today’s status hearing, in the case against Casey Anthony, was embarrassing. Baez stuck his nose into places it didn’t belong as he tried to be as wily as a squirrel, but he was doomed from the start.

The dynamic in the courtroom, and the treatment of Baez by Judge Belvin Perry was like being in grade school – Catholic School – when the Head Master totally rips apart one of the nasty kids that you hate, but still feel a tinge of embarrassment for as he gets nailed to a stake.

Baez got a whipping today, as well he should have.  (Fellow classmates Linda Drane Burick and Jeff Ashton showed great restraint, though they wanted to land some really big spitballs on Baez’s’ really big sniffer.)

And, there was a totally embarrassing moment when the squirrelly-nosed one got his sniffer so close to the gavel, I thought the Judge was going to smash it into next Sunday.  This is when Baez had the audacity to argue with Judge Perry about picking a venue!  Baez had the gall to suggest there may be appellate issues to deal with down the road on this subject if the Defense cannot know before hand what venue they will use to pick the jurors.

I was thinking, uh, Mr. Baez, why don’t you learn the basics of Florida law, and then maybe you will have the wherewithal to discuss appellate issues?  The nerve he has!

Begging:  Please Sir, I Want More!

The long standing issue of expert witness discovery came up again today, and hapless Baez was so asinine in his arguments.  Baez made it worse for himself the more he said – and he wouldn’t stop talking!   Cheney Mason, by the way, said next to nothing, but did wear a worried look from time to time – I would too if Baez was my co-counsel.

So, Baez was in his own make-believe world, making up rules as he went along.  He whined and he whined about needing more time to turn in his expert witness reports because he needed face time with his experts to “show them some things.”  The Judge asked Baez if he’d considered using the telephone.  Baez stuck out his sniffer and said, he’d tried that, but it won’t work because he has pictures to show them.

The Judge, not budging, advised the squirrel to Fed Ex the pictures.  Calmly, Judge Perry told the poor squirrel to mark the pictures as one, two, three, four, or a, b, c, d, in order to discuss them over the phone.

Oh, Baez didn’t like that idea because he sure wants to go to a conference where all the experts will be, on February 21st.  No can do, said Judge Perry, and set FIRM deadlines for mid February.

Judge Perry reminded Baez there will be no more extensions granted. Period.

Tweet Tweet Tweet!

One of the Defense witnesses who Baez has complained and complained about not being able to reach, was shoved back into his squirrely sniffer when Jeff Ashton brilliantly produced “tweets” made by this witness!  It seems this witness has been nursing her sick cat at home, working on her book, and is now vacationing in Tahiti!  (Spitball one.)

Another witness, says Baez, he just can’t get a hold of at all!  When asked if this expert has a receptionist or a secretary, Baez claimed, no he doesn’t. Again, Jeff Ashton, on the ball, tells the Judge that this particular witness is the Director of this particular lab and yes, he has support staff. (Spitball two.)

Finally, it sure is embarrassing when you’re so inept the teacher has to do your work for you.  Sure enough, Judge Perry will be calling one of the Defense witnesses himself!  It’s bad news, real bad news when the Judge has to call a lawyers witnesses. But that’s what he’s going to do!  Oh my!   (Spitball three plus a whipping and a gavel in the sniffer.)

The bottom line?  Mr. Baez is stalling. He is not trying to get these reports. His strategy is shock and awe in the courtroom.  That’s what he wants, he doesn’t care about the law.  He wants his way. Rules be damned!

Baez is only hurting Casey’s ability to a fair trial because Judge Perry simply reminded Baez that if he wants these experts to testify, he’d better hand over the reports.

What’s next

A hearing will take place on March 2 and 3rd.  The motions on the table for this hearing are related to Casey Anthony’s statements to police at Universal, whether Robin Adams’ testimony will come in, whether George, Cindy and Lee’s visitations  with Casey at the jail will come in, and a few more items.

Then, Frye hearings will be scheduled on March 23 to 25th on a number of scientific issues.

Today couldn’t have been much worse for Baez – the Head Master is a strict one.

I think more spitballs are coming.

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48 Comments Post a comment
  1. Sherry
    Feb 4 2011

    Love your write-up!

    I am just now watching the hearing and have finished up part one. My thought was that Judge Perry has not much left in patience for Baez. He sure did cut him off when he started making excuses! Yup! The “teacher” must do some of the student’s homework for him-Baez best hope the witness he calls up doesn’t tell him that Baez has never tried to get ahold of him. “Teacher” may not be so generous anymore with the dunce of a student if that happens!

    Reply
    • Feb 5 2011

      LOL Sherry! What a humiliation for Baez for the Judge to call his own witness! I WONDER if Perry is testing Baez? Knowing that Baez has lied to him in the past, in open court, maybe Perry wants to see if Baez is lying once again about his attempts to follow up with these experts? Maybe Baez just has these people on his list but has never talked to them? Stranger things have happened! BUT, if this theory happens to be true, Baez is done for. This would be a will full violation with attempts to deceive the court. “If” this were to have happened, contempt charges would have to follow, and Perry would probably write his own bar complaint.

      Reply
      • Sherry
        Feb 5 2011

        You just gave me a thought~ Do you suppose it was Judge Perry who filed the complaint against Baez? IMO, it may be an attorney representing Brad Conway since he should be the one filing it.

      • Feb 5 2011

        You know, I never thought of that….Maybe it was Perry, but would he be privy to that info, do you think? I personally think it’s in the ASA office, or NeJame, or like you mention, someone in contact with Brad – his own lawyer.
        Boy oh boy, we are in for some interesting drama as we come into the final stretch of this horse race! I love it!

      • Mike
        Feb 8 2011

        It would appear that due to the tampering investigation, the SA filed the charges with the Florida Bar. jmo.

      • Sherry
        Feb 8 2011

        Thanks for that “lightbulb” moment, Mike! That makes the most sense… 💡

      • Feb 8 2011

        I tend to think that the SA is behind this, too. They are totally fed up with Baez, and with cause.

  2. Feb 4 2011

    good article! if i hear one more time, “this case is different”, i am going to lose it. why is THIS case any different than any other capital murder case?!? baaaeeeez thinks his case is soooo special. wonder how many capital murder cases are being tried in the U.S. as i speak??
    he is such a whinnnneeeeerrrr! ugh! i heart jp and the prosecution. justice for precious Caylee!

    Reply
    • Feb 5 2011

      Did he ever explain why he thinks this case is so unique? I wait to hear but never did

      Reply
      • Feb 5 2011

        Hey Kimmie, Nope, of course not. But, don’t-ya-know, this case is certainly being made unique because of all the money being spent on it, all the media coverage, and it being the biggest laughing stock of all laughing stocks.

    • Feb 5 2011

      Hey Midget… Yes, this case is “different” because the Defense has made it a crock and a laughing stock! I am certainly happy that Judge Perry is not letting any grass grow under his feet – he’s on high alert with regards to the Defense, and is going to take matters in his own hands! Watch out world, Judge Perry is in the house!

      Reply
  3. Molly
    Feb 4 2011

    He also insulted while trying to downplay the importance of the Tenn lab by calling it that “sniffer” stuff, that being the new technology regarding the decomp smell levels in the trunk of the car. he said this technology has never been used in court before so he is dismissing it. well there’s a first time for everything!

    he was a whining buffoon today.

    Reply
    • Feb 5 2011

      Hey Molly, OMG! I know…that was incredibly revolting. That’s why I talked about his stupid sniffer that he’s about to get cut off if he doesn’t go to Judge Perry in OZ and ask for a brain.

      Seriously, it is clear that the “fair” trial that Baez has screamed about, is likely to be unfair due to his ineptitude.

      Reply
  4. Molly
    Feb 4 2011

    Maybe baez didn’t realize what he said in court to the judge regarding Perry’s choice of venue.
    1st – JP hasn’t told him yet where they are going for jurors. baez seemed to already be arguing it.
    2nd – Baez said that when they first filed the motion for change of venue, he did his own research on all of the counties.
    He ALREADY DID THE RESEARCH ON THE COUNTIES, so why does he want 30 days prior to the selection date? he already has the info to dispute the venue & file the motion immediately.
    I don’t think he realized he gave out that info when JP was questioning him.

    I feel that no matter where JP selects, baez will try to fight it.

    Reply
    • Feb 5 2011

      Yes… What occurred was this: In Baez’s change of venue motion, filed quite a long time ago – when Judge Stickland was presiding, I believe, Baez laid out his reasoning why Dade County (Miami) was his numero uno choice for change of venue. Baez has family and friends in Miami, so he’d be a local celebrity, and with his ties there, he could and probably would make all kinds of noise in the media if the case was tried there.

      And, I suspect that Baez wants 30 days prior to the announcement of the location is because Baez wants to do some pre-jury pick publicity, to rile up the media, make some noise, so the jury selection is an “event” that he can later argue was unfair due to the media coverage, and not being able to find a jury who is not biased already. But, as Judge Perry told him, it doesn’t matter if they’ve heard about the case, it’s whether they can be impartial.

      Reply
      • Feb 5 2011

        You are right on the money there, my friend! He is the first latino lawyer in such a high profile case remember!

  5. Feb 5 2011

    snipped:
    “The Judge asked Baez if he’d considered using the telephone. Baez stuck out his sniffer and said, he’d tried that, but it won’t work because he has pictures to show them.”

    I was laughing so hard I almost peed my pants!!!!

    Priceless!

    Reply
    • Feb 5 2011

      LOL! Thanks Kim… I was so disgusted with yesterday’s hearing that I did get a little nasty! I figured “squirrel” and “sniffer” would be a reference that followers of this case would appreciate…. LOL!

      Reply
      • Sherry
        Feb 5 2011

        What’s so lame about that excuse is that Baez could call and set up an appointment to see those pictures! D-OH!

      • Feb 5 2011

        Judge Perry sure set him straight on that, didn’t he?

        “Don’t your experts have phones? Doesn’t the lab have a receptionist to take a message?”

        You know Baez never bothered to pick up a phone once

  6. katydid
    Feb 5 2011

    It was painful for me to watch as he stammered and tripped over his tongue. I believe the judge will choose a different venue other than Miami just to show Bozo just who the boss is. I believe it will be from the Ft Myers area…lots of retirees…..with lots of grandchildren.

    Reply
    • Feb 5 2011

      Hi Katydid! Good to see you! 🙂

      It was painful for me, too. Ft. Myers area or Tampa might be good choice…. I have always had s suspicion that it may be Broward County (Ft. Lauderdale) as it seems to be a pretty good match to Orlando. Tampa and Miami would be good choices, too. I would think the Judge will be considering demographics like; income levels, population size, ethnicity, and so on, in his decisions…

      Reply
  7. Molly
    Feb 5 2011

    Perry will not pick miami, it would cost much more to bring everyone up to orlando. he will choose a county nearby that’s had a lesser amount of media coverage.

    andrea – good point! i hadn’t thought about that, baez would then have 30 days to plaster himself all over tv & media blitz!

    Reply
  8. katydid
    Feb 5 2011

    I believe he will choose a county that has lots of retirees… It will have to be in an area that jurors can be available for the length of the trial. What better than retirees….no jobs.

    Reply
    • Feb 5 2011

      Hi katydid! I wonder…. Casey has to be tried by a jury of her peers… I am not sure that retirees fit her peer category, but I’m not sure. It would make sense since retirees don’t have jobs, but there’s also so many people out of work, too. Now, out of work folks would sure fit as one of her peers, but I doubt that’s a criteria when considering a jury of your peers….
      I will check this out…. Going to write about this, too. 🙂

      Reply
      • Feb 5 2011

        I was about to check on it too, Andrea but I will defer to you

  9. Feb 5 2011

    just right quick

    a guaranteed right of criminal defendants, in which “peer” means an “equal.”

    http://legal-dictionary.thefreedictionary.com/jury+of+one%27s+peers

    Reply
    • Feb 5 2011

      Great minds think alike, Kim! I found the same one…. LOL! yes, it is “equal” without consideration or race, ethnicity. Thank you bunches….!

      Reply
      • Feb 5 2011

        I want to know where they will find enough skanky, thieving lazy high school drop outs

    • Sherry
      Feb 5 2011

      Well, that narrows it down to none-there is no “equal” to Casey that isn’t locked up! 😆

      Reply
      • Feb 5 2011

        OMG Kim and Sherry… Priceless, just priceless!!!!

  10. Feb 5 2011

    Hi Andrea, you always write fantastic articles but this one is my favorite. Spitballs by Ashton, perfect, so funny. Judge Perry was a hoot too, (have you tried using a phone?) . oh my gosh~~ too funny.
    Here is a jury for snothead Casey, people that clean up, get dressed to go to their pretend job, you know like Casey said,” like a regular day”. My BAD, but i couldn’t help myself. lol

    Reply
    • Feb 5 2011

      Hey Knight Owl, It’s so good to see you! Thank you for your comments, too. Oh, yes, Judge Perry was just so darn funny! I would love it if the body language expert, Dr. Glass, would take a look at Judge Perry’s very obvious body language yesterday! He was wiggling in his chair…and you could see the exasperation in his face, too! He’s had it, I’m sure!

      I bet that Ashton and Burdick were having a good laugh afterward And, Jose wiggled over the the State side of the room to shake hands with someone, and Burdick turned her back on him! If that is not telling, I don’t know what is!

      Reply
  11. Feb 5 2011

    Hi Kim, Molly, Sherry, Midget, Katydid .

    Reply
    • Sherry
      Feb 5 2011

      {wavin’ at knight owl!} Where’ve ya been?

      Reply
  12. Feb 5 2011

    KNIGHT!!!

    Long time no see! I hope all is well for Louie and you!!

    Reply
  13. Feb 5 2011

    Andrea, thanks always so good to see you too. I love reading Lillian Glass body language blog and yes, she should do one on Judge Perry’s recent encounter with one “bozo attorney”. Can you just imagine what Judge Perry says under his breath at Baez. Ashton and Linda Burdick i am sure have to practically try to remain as “comatose” as possible when in Baez presence to keep from just breaking down hysterically laughing to the point they fall to the floor rolling. I can’t decide which is more funny in this cartoon case Baez and company has made it to be, Baez and his antics, Lee mouthing ”I Love You” to Casey when on the stand awaiting Burdick to question him, or Cindy on the stand at that same hearing saying she still believes ”Caylee is still alive”, or Casey smiling and grooming herself likes she is anywhere but in a courtroom fighting for her life. I really liked Judge Strickland but the worse mistake he ever made (in my opinion) was not listening to prosecutor Ashton when he asked for a gag order and siding with Baez not to issue one. Hope you have a great weekend.

    Reply
    • Feb 5 2011

      Oh, I sure have to agree with you on that gag order. Too bad Baez can’t look at his actions objectively and see what a laughing stock he’s become, and a lot of it has to do with his corny appearances before the press.

      I tell you what, Judge Perry did all he could do to contain himself yesterday!

      Casey is totally in another world – the way she grooms herself is really bizarre and so inappropriate, but it’s her nervousness, i think, and not knowing how to act. Some one needs to tell her that her life is on the line…. Lillian Glass thinks that Casey is starting to realize what she’s facing…. That may be true, but when she can look Baez in the eyes, she’s in la la land once again…

      Reply
  14. Feb 5 2011

    Hi Kim, all is well with me and Louie. Hope all is for you and manfred and the other furry pets too. I do more just reading now than posting as i am awaiting the trial to see Casey squirm. lol. We have been snowed in and more is on it’s way tomorrow and again on wednesday. I should make a snowman in Baez’s image, a clown. hahaha~~ always good to see you.

    Reply
    • Feb 5 2011

      Instead of a carrot nose use a red ball 😉

      we had an ice storm here

      yehaw

      Reply
  15. Feb 5 2011

    Hi Sherry, waving back at you too. I have become a lurker as biggest majority of the time now too lazy to write. I am looking at about five inches of snow for a week now but sun has finally come out today melting it some but light snow tommorrow and bigger snow coming again next wednesday. I am about blind and that is not good as then i want be able to lurk and even read much less write. Hope your doing well. Always enjoy seeing you and reading your post.

    Reply
  16. Diana
    Feb 5 2011

    You guys are “out of control”…and so RIGHT ON! I need to keep that link to the hearing, so I can laugh at Baez when the mood hits. I feel sorry for his wife. She has to be so embarrassed around her relatives/friends having your husband make a complete fool of himself over and over on T.V./Internet and when the trial starts, he will have his mug plastered everywhere making an even bigger idiot out of himself.
    Did anyone else notice the rude girlfrind Cindy brought with her? She kept chugging on something right in the courtroom and made a remark about Jeff Ashton to Cindy and she had the look of disgust when she was saying it.

    Reply
    • Feb 5 2011

      Oh – I missed that! Shoot – do I want to go back and look ….

      Reply
    • Feb 5 2011

      Hey Diana! I did notice the girlfriend chugging on something…. I think that was Holly Gagne, not sure, but I think so. I think she’s more than likely as crazy as Cindy. And, you’re right. When this circus goes to trial and Baez is in the center ring, his mug will be plastered all over everywhere and, sadly, he’ll be a laughing stock, unless he gets these phantom new lawyers that are supposed to be joining him. Maybe they have backed out to save their careers!

      Reply
  17. katydid
    Feb 5 2011

    I found this on Legal Zoom.com:

    The 6th Amendment guarantees the accused the right to a speedy and public trial by an impartial jury. The phrase “jury of one’s peers” is not included in the Amendment, however, the courts interpret peer to mean equal, i.e., the jury pool must include a cross section of the population of the community in terms of gender, race, and national origin. The jury selection process must not exclude or intentionally narrow any particular group of people.

    A jury of one’s peers does not mean a black defendant must be tried by an all black jury or a female defendant must be tried by an all woman panel. The objective is to select an impartial jury from a randomly selected juror pool who will be fair, listen to the facts of the case, and render a just verdict based on the evidence.

    There have been challenges to jury pools based on gender but not on age. The Supreme Court in the 1979 Duren vs Missouri decided a state statute exempting women from jury duty upon request violated the 6th and 14th Amendments. The statute failed the ensure a jury selected from a cross section of the community because women would not be fairly represented in the jury pool.

    Reply
    • Feb 5 2011

      This is AWESOME! Thank you so much, katydid!

      Reply
  18. Feb 5 2011

    as late as 1979

    wow

    Reply
  19. katydid
    Feb 5 2011

    NP…..Thanks for your blog….You always have great discussions.

    Reply

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