Defense Files New Motion For Access to TES Records -2-9-10

Casey Anthony's defense team wants all the records from the volunteer search group
Her team argues group's attorney allowed media to view some records they sought, which made group's "chilling effect" point against releasing information moot.

By Sarah Lundy, Orlando Sentinel
5:39 p.m. EST, February 9, 2010

Casey Anthony's defense team still wants records from Texas EquuSearch, the Texas-based volunteer search organization that helped look for Anthony's daughter.

According to court documents filed today, the defense says the organization's argument that releasing all its information, including the volunteers' cell phones and other identifying details, to the defense could have a "chilling" effect on volunteers in future searches.

The defense argued that last year Texas EquuSearch's attorney, Mark NeJame, invited a local television station to view some of the records — which makes the chilling effect argument moot.

Anthony, 23, is charged with first-degree murder in the death of her daughter, Caylee Marie. The 2-year-old was reported missing in July 2008. Texas EquuSearch sent volunteers throughout Orange County to look for her but had no success.

Her remains were discovered Dec. 11, 2008 by an Orange County meter reader. Authorities could not determine the toddler's cause of death but ruled the case a homicide.

http://www.orlandosentinel.com/news/local/breakingnews/os-casey-anthony-volunteer-search-group-r20100209,0,7363788.story

New Motion Filed In Case Against Casey
Baez Hopes To Gain Access To Search Group's Records

POSTED: 4:47 pm EST February 9, 2010
UPDATED: 5:07 pm EST February 9, 2010

ORLANDO, Fla. -- Casey Anthony's defense has filed a new motion Tuesday they hope will help gain them access to all of Texas Equusearch's records.

In that motion Anthony's attorney, Jose Baez, said the group that aided in the search for Caylee Anthony, Casey's daughter, recently made search records available to the media.

In court, Equusearch argued that revealing such information could have a "chilling effect" on future volunteers.

Anthony's defense argues that in light of recent disclosures to the media, "there is no reason to prevent disclosure to Miss Anthony as well."

Casey Anthony, 23, remains in the Orange County Jail on no bond charged with first-degree murder in her daughter's death. Caylee's remains were found in a wooded area near the Anthony family home in December 2008 by a meter reader.

Anthony maintains that a nanny by the name of Zenaida Gonzalez kidnapped Caylee.

Article:
http://www.wesh.com/news/22513305/detail.html

Motion:
http://www.wesh.com/download/2010/0209/22513526.pdf

okay... maybe i am dim here in good ole west virginia... but i fail to see what TES records can do for the defense..

LETS JUST SAY that there were 20 people that searched that area, but didnt find little caylee there... SO WHAT??

dont we have botanist and insect (whatever their classification is) experts that have went over the area, remains, foliage, and insects within and about the area of the body, and they have come to a timeline based on ACTUAL FORENSIC evidence as to when the body was placed in the woods off suburban drive??

i dont care if 20 pairs of human eyes looked over that area, they very well could have missed her... they could be mistaken, they could have been lax in their searching duties... BUT forensics dont lie.. they dont tell "mistruths" and they dont get confused..

i think that TES records are the only moot point in this frivilous motion made by the defense... it doesnt matter if someone should have found her back then, they didnt, and now we rely on the experts for the timeline, not some volunteer (not knocking on volunteers here) that thrust themselves into the anthony spotlight after the fact.. (still not saying all the volunteers were their for personal gain.. that is far from the truth, but these ones that supposedly "contacted" the defense... they are in my mind no better than the rest of the quacks that have come out of the woodwork)

i (and probably the jury too) will base my conclusions on the actual evidence.. i.e. the roots growing INTO the remains, and the insect evidence. .. that proves that little angel was there all along.. it just took roy kronk to get someone to notice her...

News 13 Story Leads To New Motion In Casey Anthony Case

Tuesday, February 09, 2010 11:50:05 PM
Reported by Adam Longo

ORLANDO -- Last week, News 13’s Adam Longo interviewed attorney Mark NeJame, who represents Texas EquuSearch, the group that looked for Caylee.

While talking, NeJame showed Texas EquuSearch documents and notes taken by volunteers showing who searched where and what they found and didn't find. The documents also list team leaders and cell phone numbers of volunteers.

Anthony’s defense is saying if the media can have the documents, they should be able to have it too.

"The disclosure by Mr. NeJame of these records, including volunteer names and phone numbers, seriously undercuts the argument made by TES against giving them to Miss Anthony," the motion states.

But the defense already has the documents.

NeJame said his office personally delivered those documents to the defense last year.

Anthony's defense team claims Texas EquuSearch has held back information pertinent to the case.

In August 2009, the judge ordered the group to hand over details on 32 people who had searched in the area where Caylee's remains were eventually found.

But the defense found additional people who claim to have searched there. They're accusing Texas EquuSearch of misleading the court, and now they want everything.

Last week, NeJame told News 13 the defense has an open invitation to come to his office and review all the Texas EquuSearch files.

His goal is to protect the volunteers who didn't come near the crime scene. He's fighting to keep their information private.

But Anthony's defense says that allowing News 13 to view these documents undercuts the privacy argument.

The prosecution and the Anthonys’ family attorney, Brad Conway, has seen the documents. News 13’s Adam Longo was not allowed to copy them or take any notes.

The initial Texas EquuSearch motion was filed in November. The judge hasn't set a court date for it to be decided.

http://www.cfnews13.com/News/Local/2010/2/9/news_13_story_leads_to_new_motion_in_casey_anthony_case.html

Randi, what it all boils down to is this: It doesn't matter if all 4,000 volunteers searched that area and didn't see the remains. We are talking about the REMAINS of a 2 year old..... just BONES..... in VERY THICK vegetation that was UNDER WATER.

The defense is grabbing at straws. But that's what they do when they have NOTHING ELSE!!!

When it comes trial time, the experts will be able to prove those tiny little bones had been in those woods for months and that the area was under water at the time searchers were there.

Let's hope Judge Strickland does NOT allow the defense to exploit these volunteers who gave so much of themselves to find a "missing" little girl, while a mother REFUSED to tell where she left her daughter to rot... and the rest of her family sat in the air conditioning chugging water....

JMO.

Snaz...right on! The stall continues, behind the stall is BS, as usual. The defense doesn't even have a chance of portraying KC as the heartbroken grieving mother. This smirky smug self-satisfied biotch belongs on a poster depicting "evil child-killers".

From a website called Trials & Tribulations:

Casey Anthony's Attorneys Want It All From TES, AGAIN! State Files Intriguing Motion

Wednesday, February 10, 2010

Between shoveling snow and repeated power outages, I've been looking at two new motions filed recently.

The first motion is a very interesting one. It has sparked quite a bit of discussion among those who are following the case closely. In the motion, entitled MOTION FOR INCAMERA EX PARTE HEARING.

Filed on February 3, Assistant State's Attorney Jeff Ashton states the following:

1. Certain materials and information have come into the possession of Law Enforcement.

2. Those materials and information are discoverable under F.R.C.P. 3.220.

3. There is good cause to delay disclosure of these materials and information pursuant to F.R.C.P. 3.220 (k).

The State wants to speak to the judge without the defense being present. They have new information and materials and are asking the judge to delay discovery for what they must consider to be a good reason.

We can speculate all we want, but we'll all have to wait on this one.

Once again, the defense is going after Texas EquuSearch for all their records.

http://sprocket-trials.blogspot.com/2010/02/casey-anthonys-attorneys-want-it-all.html

More motions filed today. kh

http://www.orlandosentinel.com/news/local/breakingnews/os-casey-anthony-motions-20100211,0,3602266.story

I hope the judge agrees and awards Nejame the cost of his time to be paid by the Bumbling Bozo Team...AL and JB had better get their act together before court day or they can expect to see a lot of their objections being over ruled...I don't think Good Judge Stan will put up with their nonsense anymore...

TES files response to defense's motion:

Response to Defendant's Motion For Leave To File Supplemental Authority

http://www.wftv.com/pdf/22534497/detail.html

EquuSearch Attorney: Baez Motion Is A Waste Of Time

Posted: 3:48 pm EST February 11, 2010
Updated: 6:08 pm EST February 11, 2010

ORANGE COUNTY, Fla. -- A new motion filed Wednesday by attorneys for Texas EquuSearch calls a recent request by Casey's defense team a waste of time.

Attorney Mark Nejame says a motion claiming the organization let reporters see paperwork regarding the search for Caylee Anthony is inappropriate and inaccurate.

Nejame says Texas EquuSearch hasn't released names of volunteers or search information that has not previously been shared with the defense.

http://www.wftv.com/news/22535671/detail.html

Go get 'em Najame!!!! Stick to your guns!!!!

wow... i dont think i want to get on najame's bad side anytime soon...

that was good.. thanks for posting, snaz.

Lawyer: Casey’s Defense Already Has Requested Documents

Thursday, February 11, 2010 7:03:08 PM

ORLANDO -- An update on a story we told you about earlier this week about more legal maneuvering in the case against Casey Anthony.

A lawyer for Texas EquuSearch says the Casey Anthony defense team already has documents requested in a motion earlier this week.

Casey’s lawyers have alleged that EquuSearch’s lawyer, Mark NeJame, showed News 13 documents that he’s refused to give them about the identities of volunteers who helped search for Caylee Anthony.

In Thursday’s filing, NeJame said the Anthony’s defense team knows that it already has the documents he showed News 13, and is demanding that they pay EquuSearch’s legal fees for having to answer this latest motion.

http://www.cfnews13.com/News/Local/2010/2/11/lawyer_caseys_defense_already_has_requested_documents.html?refresh=1

Equusearch fires back at Anthony's defense

Updated: Thursday, 11 Feb 2010, 5:26 PM EST
Published : Thursday, 11 Feb 2010, 5:26 PM EST

New developments in the case against Casey Anthony Thursday with more motions being filed and the lawyer for the volunteer group that searched for her daughter Caylee firing back against Casey’s defense.

Mark Nejame wants the judge to throw out a request to give the defense private records about volunteers for Texas Equusearch.

Casey's attorneys argue the media recently saw them so they should too but Equusearch denies showing private records to reporters.
Anthony has pleaded not guilty on charges that she killed her daughter, 2-year-old Caylee Marie, claiming a babysitter kidnapped her toddler. Caylee was last seen in June of 2008, but she was not reported missing until a month later. Her remains were found in woods near the family's home in December.

Also on Thursday, more motions were filed in the case by the defense team.

The defense filed a motion objecting to the state attorney ’s office asking for a private meeting with Judge Stan Strickland to discuss new evidence they have obtained. Prosecutors don’t want to release the new material and information from investigators regarding the case disclosed to the public.

Anthony’s attorneys are objecting to the private meeting request.

http://www.myfoxorlando.com/dpp/news/anthony_case/021110equusearch-fires-back-at-anthonys-defense

This motion was filed by MN on February 26, 2010.

Notice Of Additional Documents In The Possession Of Texas Equusearch

From the motion:


So in other words, Baez had an appointment 6 months ago to view the whole 4,000 records..... and they cancelled it... but they keep screaming that they want the TES records....

Geeze... what a yutz!