Defense Files New Motions - 2-10-10

Defense Objection to State of Florida's General Discovery Order

http://www.wftv.com/pdf/22534561/detail.html

Can anybody out there cut to the chase and decypher the legalese??? Where's Randi???

What do they want, to eliminate Oak Ridge forensic testing??? After all they consider it "junk science"...I'll bet that Mr. Baden would disagree with that...

New documents filed in the Casey Anthony case
Casey Anthony's defense objects to state's request for private hearing with judge; Texas EquuSearch responds to defense claims

By Amy L. Edwards, Orlando Sentinel
2:44 p.m. EST, February 11, 2010

A handful of new documents have been filed in the first-degree murder case against Casey Anthony.

In one of the filings, defense attorneys Jose Baez and Andrea Lyon object to the state's recent request for a private hearing with Orange County Circuit Judge Stan Strickland.

The State Attorney's Office asked for a private hearing to discuss "certain materials and information" that have "come into the possession of Law Enforcement."

In their motion, filed earlier this month, prosecutors said the materials and information are releasable to Anthony's defense and the public through the discovery process.

"There is good cause to delay disclosure of these materials and information," Assistant State Attorney Jeff Ashton wrote.

Ashton's request asks the private hearing be recorded by a court reporter.

Casey Anthony's defense stated in their objection that prosecutors offered nothing in support of their claim, and "under Florida law a bare assertion is insufficient," according to the motion, which was made public Thursday.

The defense also filed an objection to the state's proposed discovery schedule.

According to the objection, the defense team and prosecutors assigned to Casey Anthony's case met Feb. 8 and agreed on an "overwhelming majority" of discovery issues.

The defense objects to one item though — dealing with the Oak Ridge Laboratory. The defense claims the laboratory may attempt to claim Strickland doesn't have jurisdiction over them, and so more litigation may ensue to resolve the issues.

The defense asks Strickland amend the state's proposed discovery order to either exclude the deadline for the laboratory and its officials, or set an alternative date for matters related to that agency.

Meanwhile, a lawyer for Texas EquuSearch filed a response to claims made by the defense team.

Casey Anthony's defense still wants records from EquuSearch, the volunteer search organization that helped look for Anthony's daughter Caylee Marie.

In recently filed documents, the defense said 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 EquuSearch attorney Mark NeJame invited a local television station to view some of the records, which makes the chilling effect argument moot.

But in a response filed Wednesday, NeJame stated the defense team's motion is "inaccurate and lacking in demonstrating any proper investigation or due diligence prior to its filing."

"If counsel for the Defendant had conducted a proper inquiry he would have ascertained that none of the previously approximately 4,000 undisclosed names of the searchers were shown, reviewed, or looked at by Adam Longo, reporter for Central Florida News 13," NeJame wrote. "In fact, those approximately 4,000 names of the searchers were in a separate box and in a separate office located approximately fifteen (15) miles away when Mr. Longo was present."

NeJame stated Longo communicated this information to Baez, who has not withdrawn his "inappropriate and inaccurate motion which misrepresents the facts and is wholly and completely erroneous and misleading."

NeJame also asked that Strickland assess attorney's fees against Casey Anthony's defense team, "especially since he has been advised of the inaccuracy of his motion and has failed to take any remedial actions."

"He has caused unnecessary attorney time and Court time to be wasted, especially since he has been fully advised of its misrepresentations and inaccuracies and nevertheless continues to proceed," NeJame wrote.

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

Baez Objects To Closed Meeting In Casey Case
Prosecutors Attempt Want To Meet With Judge Alone

POSTED: 4:38 pm EST February 11, 2010
UPDATED: 5:11 pm EST February 11, 2010

ORLANDO, Fla. -- Casey Anthony's attorney, Jose Baez, is objecting to the prosecution's request for a closed-door meeting with the judge.

Prosecutors do not want Anthony or her defense at the meeting. In his response Thursday, Baez said there's "no explanation for this highly unusual request."

He also pointed out that two defense requests for similar closed door hearings were turned down.

Prosecutors will not reveal what information they want to discuss alone with Judge Stan Strickland.

Anthony is being held on no bond at the Orange County Jail. She is charged with first-degree murder in the death of her daughter, Caylee. Caylee's remains were found in a wooded area near the Anthony family home in Dec. 2008.

Anthony, 23, maintains that a nanny by the name of Zenaida Gonzalez kidnapped Caylee.

http://www.wesh.com/news/22536328/detail.html

Snipped from the Orlando Sentinel article:

The defense also filed an objection to the state's proposed discovery schedule.

According to the objection, the defense team and prosecutors assigned to Casey Anthony's case met Feb. 8 and agreed on an "overwhelming majority" of discovery issues.

The defense objects to one item though — dealing with the Oak Ridge Laboratory. The defense claims the laboratory may attempt to claim Strickland doesn't have jurisdiction over them, and so more litigation may ensue to resolve the issues.

The defense asks Strickland amend the state's proposed discovery order to either exclude the deadline for the laboratory and its officials, or set an alternative date for matters related to that agency.

The defense wants the deadline regarding the Oakridge Lab either excluded or revised when the Judge considers the State's proposed discovery schedule.

I think the defense knows that Judge Strickland most likely doesn't have jurisdiction over the Tennessee lab (as he has previously explained to the defense) and they know there will be much more discussion with ORL attorneys to try to obtain the information they want... and that ORL won't release.

i read through this, and the only thing i can really get from it, is that this laboratory is not subject to a discovery timeline as pertains to the prosecution..

the prosecution, has been bound to turn over discovery to the defense in a timely manner... there have been many items the defense has requested from the prosecution that they simply dont have.. the defense keeps filing motions wanting the court to FORCE the prosecution to turn over all documents pertaining to certain evidence/reports that THEY (the prosecution) are not privvy too..

some of the info bozo is crying about is HIS responsibility to track down... he is simply whining and requesting info from the wrong "power that be" ..

i am NOT sure why he just doesnt file a motion for discovery from the agencies that hold the info/reports that he wants.. . . as the prosecution stated in an earlier similar hearing when bozo was crying about them not releasing things to him... "it is not the states responsibility to retrieve evidence for the defense." ... i am not sure why he continues to make this same procedural error...

Defense Objection to State of Florida's General Discovery Order

http://www.wftv.com/pdf/22534561/detail.html

Jean Casarez was just on truTV's In Session and spoke about this motion. She said it is huge.... the car is the only piece of evidence the State can tie directly to KC and it was in HER possession.... the defense wants to try to trash ORL's credibility (my words) in order to have the judge not allow the air sample testing done by the lab in at trial.

Jean also said that she had just spoken with an ORL attorney... and they were in the process of going through the procedures in order to allow the defense to take their depositions and that they were surprised by the defense's motion. Since ORL is a Tennessee corporation, subpoenas have to first go through the Tennessee courts, and then through the Florida courts. The ORL attorney said after PROPER PROCEDURES are taken, they are amenable to allowing the defense their depos....

Sheesh..... the defense attorneys are really making themselves look pretty inept.

Bumble.bumble...makes my blood boil Why the H can't they do things the way they're supposed to??? One would think that LKB would know proper procedures...She probably asked hubby, he told her and she chose to ignore him...If she expects Bozo to know how to handle things she better go back to Procedures 101...

hey snaggles... any word on when this private meeting may or may not occur....

i am DYING to know what this is all about!!!!!!!!!

IMHO the courts need to smack little bozo blue for making all these frivilous motions and wasting everyones time... paying nejame's attorneys fees and filing fees is a good place to start.

randilynn wrote:hey snaggles... any word on when this private meeting may or may not occur....

i am DYING to know what this is all about!!!!!!!!!

IMHO the courts need to smack little bozo blue for making all these frivilous motions and wasting everyones time... paying nejame's attorneys fees and filing fees is a good place to start.

Randi, there hasn't been any word yet on this motion. I'm sure we will hear once the judge makes his decision.... and I would expect him to do it relatively quickly since the information in question is discoverable. The State only has so long before they have to release it to the defense.

The defense has objected to this meeting which would exclude them (as we would expect they would) stating that they themselves had been denied just such a meeting. But Jean Casarez said this morning on In Session that this is different because this involves information that the State may not want released to the PUBLIC. And once it is released to the defense, it WILL be released to the public. Jean said the judge just may grant the State's motion for the ex parte meeting.

Hold on to your seats... this one may be a bumpy ride....

The defense isn't interested in doing things properly. Their main objective is stall, stall and stall. They will attempt to file as many motions as possible to create diversionary tactics. When this finally goes to trial they will try to befuddle the jury, and leave one juror confused from hearing all the gobbledogook.

BTW...what is Bozo bitchin' about. He had a private meeting with the judge to discuss how he was being paid to defend the biotch.

I agree, Cali....... but usually when JB and company tries to befuddle the situation, they just end up befuddled-looking themselves. They just end up looking like the idiots that they are. In some ways, they are doing what most defense attorneys would... they just can't seem to follow proper procedure in order to get it done.

If this wasn't about the murder of a beautiful 2 year old little girl, this would actually be great entertainment.

a agree snaz, if this wasnt so sick and tragic, it would entertain the hell out of me..