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June 26, 2011

22

damned if she does; damned if she doesn’t (take the stand)

by Andrea O'Connell

The incompetence of Jose Baez has been the subject of many of my posts. I will never understand how a lawyer without ANY experience in Murder One cases, would keep the Casey Anthony case.  Moreover, who could believe that a case that has America transfixed, would end up having a defense and lawyers that are brunt of jokes and clear laughing stocks?

credit: Orlando Sentinel

Let’s say, very hypothetically, that Casey is innocent and Jose is her lawyer.

No, let’s not.  The outcome would be tragic.

The organization, the Innocence Project , fights for the lives of thousands of innocent people as a result of incompetent lawyers.  We can only hope that the American Bar Association will come up with a better system to monitor the work of lawyers.  Likewise, we can only hope that criminal behavior could somehow, magically, be curtailed.

But, when there are terrible lawyers trying cases they are not qualified to try, as obviously happens, what can be done?  Apparently, the answer is: Nothing.

Objection!

Couldn’t Judge Belvin Perry have put Baez on a shorter leash?  Couldn’t there have been “OBJECTIONS!” to that horrible opening statement of which no evidence exists?  Did the State want Jose to take this route because they knew he’d be digging a hole he’d never be able to climb out of?

I’m told by a criminal defense attorney, here in Broward County Florida, that Jose Baez would not have been able to give that opening statement in this county.  He would have been stopped in his tracks.

This makes me wonder why it was allowed to happen in Orlando Florida?  Did Baez make a promise to the Judge that he could back this up?  The only way that Baez can get this evidence in would be to put Casey on the stand.  Did Baez promise the Judge and the State that Casey Anthony would go on the stand and testify to this?

I doubt it. However, I believe that may be what’s coming.  Is that why the court recessed so early this past Saturday?  Did Baez and Cheney finally realize Judge Perry would not let this drowning or molestation hearsay testimony in?

Is putting Casey Anthony on the stand the ultimate, final, Hail Mary?

Putting Casey Anthony on the stand would be criminal in itself!  She has felony convictions!   The convictions would support giving her the death penalty if she’s found guilty and would be revealed in cross examination.

However, the alternative is to put on NO evidence of this theory and get decimated when the State of Florida reminds the jury of all the promises that Baez made during the Defense opening statement.

Damned if they do; damned if they don’t is the predicament they’re in.

God Help the Uninformed

Normal American citizens have not got a clue about their rights under the law.  The Anthony’s clearly didn’t know how to find competent representation, but their instincts told them Jose Baez was the wrong lawyer for Casey (the Anthony’s were also thinking about Caylee, convinced Casey and her lawyer should be able to assist in that effort), but Casey knew she was in trouble, and for whatever reason, she trusted Baez and has stuck with him.

And, what is beyond the beyond of malpractice is the fact that those jail videos were entered into evidence with out redaction’s!  There, for the jury to see and hear, were the Anthony’s denigrating Jose Baez – in front of the jury!

If a criminal lawyer has no credibility in the eyes of the jurors, the client is doomed.  This is the death-knell for the client. The bells announcing the funeral are rung by an incompetent defense.

Both Baez and Cheney Mason have done such a horrendous job thus far, one would think Casey would see incompetence at work?

I read about another absurd murder case today that was tried by an attorney by the name of Joseph Rakofsky.  The parallels in that case to the Anthony trial, are uncanny.

Granted, when Casey Anthony was initially arrested, the charges were not murder, but the murder charges were written on the wall very early in the day, and everyone knew it.

This case smelled like a winner to Jose Baez and by God, he was going to use it to his advantage!

But, why would he accept a case, where the death penalty – a human life – is on the line, when he has NO experience trying such cases?

This is what has driven me crazy about Jose Baez.  He has no right to try this case and there should be some system in place to avoid this kind of malpractice from happening in the future.

This is a Death Penalty case!  He has a life in his very hands!  I know, I must sound melodramatic, but how could he – knowing a very life is in his hands????

Baez was greedy.  He wanted to use this case as his Internship to learn how to try a murder case before he was ready.

It is both ego and hubris that drive Jose Baez.  It was fame, money, and recognition he wanted.  The media attention started early, as you can see from this screen shot, and he was loving it.

Baez pretending concern for Caylee

Most any competent attorney steers far away from the media as you wouldn’t want to be held to any theory of the case because things change, criminal trials are fluid and ever-changing.  For instance, Jose Baez, in his opening statement, said Caylee Marie Anthony died on June 16th, 2008 as a result of drowning in the family pool.

What about all the “innocent” claims?  What about all the hundreds of television appearances where he painted his client as not guilty because the baby was dumped in the woods while Casey was in jail, therefore she (Casey) was innocent!

He was not doing his client any favors by appearing in the media!  In fact, he is responsible for creating the media bonanza, in my opinion!

Even though all the television appearances that Baez made from the early days of this case made Casey look even more guilty and made Baez look really bad, he continued to appear on television,  He even hired people to “handle” the media for him.

He wanted this case so badly because he wanted a name for himself.  Now he has a name, but it’s not a good one.  Who on earth would hire him now?

The Anthony’s must be the stupidest people on the planet not to see what Jose Baez was doing.

Do the Anthony’s really think this theory is believable given all the facts in this case? How can they believe a drowning makes sense?  And, molestation made Casey hide for 31 days?

The theory makes no sense!

If Caylee drowned why fight the evidence of decomposition in the car that is so powerful?  Why would it be such a stretch, given this theory, to say “Yes, Casey drove around with Caylee in the trunk for a while.”  They cannot address the decomposition because of the chloroform levels.

The chloroform evidence negates the drowning story.  Plain and simple, end of story.

It’s impossible to know what is going on behind the scenes in this case.

My view is this:  If Casey Anthony were innocent this case would be even more tragic because not only would we mourn for a beautiful child whose life was lost, we could also be mourning for the legal system gone seriously a muck.

That scares me a whole lot more.

Read about Joseph Rakofsky, who reminds me of Jose Baez in so many ways.

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22 Comments Post a comment
  1. Jun 26 2011

    Andrea, if this trial ends in a mistrial as a result of Baez, how will it be possible to find another jury that hasn’t any knowlege of this case?

    Reply
    • Jun 26 2011

      That’s a very good question, RahRah! I think the only solution would be to do what Judge Perry said he’d do if there was a delay, and that is to put strict gag orders on the lawyers and the media and not release any discovery at all. That would quiet things down a bit.

      Reply
  2. Jun 26 2011

    According to Baez Law Firm web site, under ‘Success Stories’, is labeled, ‘High Profile Murder Case’. The man was found guilty, he appealed the Supreme Court for ineffective councel, if memory serves correctly, the Supreme Court denied the appeal. Is this what Baez refers to a “Success Story”???

    Reply
    • Jun 27 2011

      His web site is finally working? Its actually getting one to the pages of his high profile cases? Finally! LOL!

      Reply
  3. Jun 27 2011

    Baez should have been stopped in his tracks due to there being no study in existance to prove that sex abuse can cause one to murder. There is the movie, Sybil, though…and Carrie… 😕

    I wish there could be more done to prevent innocent people from being sent to prison. Our town has a young man who spent 13 years in prison having been wrongfully convicted. He is working with the Innocence Project now. And going through hell to be compensated by the state. 😦

    I also watched a trial of a young man who went through three trials and was finally found guilty. There was reasonable doubt all over the state’s case! Had I been a juror I would have, at least, thought of how much better to set a guilty person free than an innocent person to prison.

    Reply
  4. Jun 27 2011

    I was just wondering…
    Could it be that HHJP is not so concerned with Casey getting a new trial for ineffective counsel because she will then get new lawyers? I know he’s doing his darndest to prevent a mistrial but, I’m thinking he may be hoping that Casey gets a new trial~

    Reply
  5. Jun 27 2011

    Hi Andrea, great post. Oh my gosh this other lawyer is soooooooo much like Baez and what was eerie when reading that case was the man was killed on June 16,2008 same as Caylee. WOW. Baez in my opinion never thought he would have to back up his ridiculous opening story to the juror’s as he thought Judge Perry would grant a mistrial. That is why he keeps asking for one. He knows he screwed up big time and went overboard with his opening speech and brought too many people in the fold, like Kronk and why he dragged Lee in to the molestation part was completely stupid and you see now he knows this and when Lee was on the stand bauling about nonsense with baby showers and being left out of the knowledge Casey was pregnant, Baez didn’t question Lee about what he accused him of in his opening statement when he had the perfect opportunity. Why? because Baez wants it to all be forgotten now by the juror’s. He should never be allowed to practice law again after this trial and if there is a mistrial because of his lies and unethical behavior he should be jailed for a long time. There is no reason for an attorney to lie.

    Reply
    • Weezie
      Jun 27 2011

      Well I hope his cell mate CINDY ANTHONY! While we are dishing it out, how can this woman get away with prejury, just because she falls on her tears. It’s making me ill to see the Anthony’s able to witness the trial, prepare their phoney answers and melodrama to the court and jury. I sure hope the Jurors are quicker to response to common sense than most of the bloggers, who seem to shift daily on their opinions of guilt for |Casey versus Disbarment for Baez. They don’t relate, because whether we like it or not that baby eneded up in the trash ladden woods with duct
      tape over her mouth, stuffed in triple bags and NOONE not one single person did a thing about it. CASEY, after all may have been able to walk up a pool ladder with the help of Cindy, but she wasn’t that kid at the door in that duped up photo, there was NO PHONE CALL from
      Cindy to George about the pool ladder being out of place, and if I was a betting woman, there will be records of Cindy at work during those computer searches, through emails |Cindy says are no longer available. We will see today, the real meaning behind the delay on Saturday. This should not be made about the Lawyers, as in the O.j. case, it should be about justice for little Caylee PERIOD.

      tape covering her mouth – for 31 days, and NOONE, not a soul cared. If there isn’t a plea deal

      Reply
  6. Jun 27 2011

    Sherry, Louie and i are waving at you. meow~~

    Reply
  7. Jun 27 2011

    I bet Judge Strickland is saying ”Praise the Lord i am not residing over this case now.”

    Reply
  8. dee
    Jun 27 2011

    I will never understand why Casey relied on the recommendations of fellow inmates…and off handedly dismissed the concerns of her family. I guess you have to be Casey to understand that…

    Reply
  9. Jun 27 2011

    I can’t figure out why a death qualified lawyer (Mason) is even on the case if the non death qualified lawyer is still allowed to be top dog and at full reign. Makes not a lick of sense to me but neither do the sunshine laws. I mean the sunshine laws allows just about everything aside of grand jury testimony put out to the public, then when it is time for trial they want to find people that are not and have not been following the case much or at all. Maybe i am nuts but that just defies logic to me~~

    Reply
  10. Jun 27 2011

    dee, George tried to tell Casey early on when she was arrested he wanted to get her another lawyer as he didn’t like Baez, but know it all Casey wouldn’t have it. This is now what she get’s for not listening to her parent and acting like a brat. Undoubtedly Casey saw in Baez the same characteristics she sees in herself and thought she has always gotten away with lieing so her lawyer will get away with it for her too.

    Reply
  11. Jun 27 2011

    Andrea, the caption is hilarious. wap wap wap.

    Reply
  12. Jun 27 2011

    A very interesting video! After reading RahRah’s speculation that Casey may be wanting Mason to take the lead then seeing this report, RahRah may be right!

    http://www.clickorlando.com/video/28362472/index.html

    Reply
    • Addie
      Jun 27 2011

      Sherry, although I saw all this as it was happening, this video speaks volumes to me ! I hadn’t seen the way she was talking to CM and pointing to Baez ! IMO, her own fault though, she’s the one who chose him !

      Reply
  13. Addie
    Jun 27 2011

    I “thought” in order to become a death penalty Atty., a person had to try a certain number of cases “with” a death penalty qualified Atty. I’ve always assumed this is why CM is there but Baez is doing most of the talking. Could this be the case in point ?

    I now think this entire “being nice to State” by the Anthony’s was all part of the “game plan “, so they could turn around and testify the way Cindy did. I fell for a lot of it when I saw Cindy so cooperative with State during her testimony………..but not now ! All I see is the same mean, evil Cindy as before. ( think back to the deposition hearing concerning Zaneida Gonzales )

    As far as the Antony’s liking and trusting Baez. IMO……… they, especially Casey and Cindy are so smart ( so they think ) that they went along with Baez’ junk !

    I wish Casey would take the stand ! OMG, JA would rip her a new one !

    I am anxiously awaiting today’s trial. We may never find out what took place Saturday, but hopefully we will hear about it today. I have visions of either some big announcement by Defense or one of them not there today.

    Reply
  14. Jun 27 2011

    Morning all! Sherry, the link doesn’t work on my phone! No!! Does the video have a title? Maybe I can find it on youtube. Meanwhile, get the popcorn ready!

    Reply
  15. Brandon bob
    Jun 27 2011

    i think he has done a great job thus far and wish people would stop bashing him *baez). I have a degree in the legal field and just think all this baez bashing is out of hand. just my 2 cents

    Reply
  16. Jun 27 2011

    Baez’s Law Firm web page didn’t work, Sherry, but I was interested in his other cases since his web laid claim to a Murder Rap success story. That would be one to a Nilton J. Diaz, serving 15 years for manslaughter and aggravated child abuse. http://articles.orlandosentinel.com/2008-04-23/news/ldiaz23_1_silva-baez-diaz http://articles.orlandorsentinel.com/2008-05-01/news/ldiaz01_1_diaz-bad-mother-baez http://articles.orlandosentinel.com/2009-03-28/news/baez28_1_baez-diaz-conviction

    Reply
  17. colleen
    Jun 27 2011

    Reason for the delay saturday, was that the defense filed a motion tho have Casey examined to determine competency. If you was competent to proceed in the trial!!! Judge Perry appointed 3 experts to examine Casey, starting on Saturday afternoon. It was determined that Casey is competent, the trial is now proceeding, with Baez questioning Yuri Melich. I am at a lost for words!!!??

    Reply

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