Tag Archive: Judge Perry


WESH.com reported:
Snipped..Judge Belvin Perry ruled Friday afternoon that no court will be held Saturday and that closing  arguments in the case will be heard first thing Sunday morning, followed by jury  instruction and deliberation.

Perry has been adamant on propelling the case forward as quickly as  possible, and in accordance with that, has typically held court on Saturdays  from 9 a.m. to 1 p.m. Perry has even told attorneys to be prepared to work  “fierce” hours in the case because of the ample delays.

~~~~~~~~~

“Justice rushed is Justice Crushed”

The importance of efficiency in the delivery of justice is captured by the maxim “justice delayed is justice denied.” Needless to say, delays are inevitable in any system of justice that values and must follow due process. The maxim “justice rushed is justice crushed” underscores the importance of adhering to a speed limit on the highway of justice.

"Gotta be at Da Barbecue Ta-marrow"

Orlando Citizens Beware! This could be you!

theJBMission~

Source

http://www.wesh.com/casey-anthony-extended-coverage/28422394/detail.html

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Two days ago, Judge Belvin Perry explained why Saturday’s proceedings in the Casey Anthony trial came to a sudden halt.  It was because of a defense motion concerning Casey’s mental competency.

Casey’s attorney Cheney Mason had filed a motion “to determine competency to proceed.” Two psychologists and a psychiatrist were ordered by the court to examine Casey over the weekend.  Based on their examinations, Judge Perry found Casey Anthony is indeed competent.

With this latest development and from the looks of Casey Anthony’s new demeanor being described as giddy by WFTV, I think it’s highly likely that Casey will take the stand.

Snipped:

ORANGE COUNTY, Fla. — Casey Anthony was

giddy, laughing and smiling just before Judge Belvin Perry ruled that she’s

mentally competent to proceed in her murder trial on Monday. Casey’s jovial

mood changed after receiving the judge’s ruling. She’s accused of killing her

2-year-old daughter, Caylee Marie Anthony.

On Saturday, the defense filed a motion that Casey be

examined by three psychologist to determine her competency to proceed in her

trial.

Casey entered the courtroom on Monday just before 8:40 a.m.,

wearing a button-down white shirt and grey pants. She had her hair pulled back

in a bun. Casey’s parents, Cindy and George Anthony, were also present. Casey’s

death penalty attorney, Ann Finnell, was also present.

I think her side of the story screams to be told but will it help acquit her of first degree murder?

Thanks for Participating!

theJBMission~

Source:

http://www.wftv.com/news/28366382/detail.html

Motion:  http://www.wftv.com/pdf/28368878/detail.html

Looking ahead to the next obstacle for Judge Belvin Perry will be selecting a proper county to choose Casey Anthony’s peers. I have no idea how this is done. I do know that there are hired panels who study this field because in high profile cases such as this one, the alternate city is always crucial for the Defense Team but as you would have guess, that’s not going to happen in this case.
Having no knowledge as to the proper criteria’s in which to make the best decision, I’ve substituted with my own idea of what factors would be important to me.
I chose population of the city crossed with the population of the entire county for comparison because Orlando is small but is in a larger metropolitan area.
Because I couldn’t find the amount of registered voters, I subtracted the percentage population of “under 18” from the “population of entire county” to get an estimate of the amount of registered voters. From there I can estimate what county would have the greater jury pool which I think would be good idea for this case considering the massive amount of press coverage. The percentage of “persons over 65” can give you an idea of the age of the possible juror. The larger the percentage of this age can tell me if the jury will consist of several older individuals. This could be a problem for Anthony because she’ll need a very compelling reason for not reporting Caylee missing for 31 days, something an older person might not understand. I’m using the percentage of “women” to indicate how many male or females may be on the panel. Looking at most percentages, I would say it’s 50/50, which would be very good for a jury. I actually think that women would be more sympathetic to Anthony than men but this is only my opinion.
The percentages of the race could play a part but not likely, in my opinion although I do think because of the negative press coverage towards defense attorney Jose Baez, there could be a few sympathetic Hispanics who may not want him to lose and therefore vote not guilty.

Source:
http://quickfacts.census.gov/qfd/states/12/12073.html

“Orlando is the Model City”
Here are some demographics of Orlando: It’s my understanding that the alternate site should resemble Orlando.

Orlando-population: 228,765
County: Orange
Population of entire county = 1,086,480
Persons under 18 years old, percent 2009: 21.9%
Persons 65 years old and over, percent 2009: 17.2 %
Female persons, percent, 2009: 50.8%
White persons, percent, 2009: 79.4%
Black persons, percent, 2009: 16.1%
Persons of Hispanic or Latino origin, percent, 2009: 21.5 %
Approximate Number of Registered Voters: 902,796

These are the comparable cities I chose:

Tampa-Population: 336,264
County: Hillsborough
Population of entire county = 1,195,317
Persons under 18 years old, percent 2009: 24.5%
Persons 65 years old and over, percent 2009: 11.8%
Female persons, percent, 2009: 50.7%
White persons, percent, 2009: 77.3%
Black persons, percent, 2009: 16.9%
Persons of Hispanic or Latino origin, percent, 2009: 23.4%
Approximate Number of Registered Voters: 896,488

St. Petersburg-Population: 253,369
County: Pinellas
Population of entire county = 909,013
Persons under 18 years old, percent 2009: 18.3%
Persons 65 years old and over, percent 2009: 21.0%
Female persons, percent, 2009: 51.9%
White persons, percent, 2009: 84.5%
Black persons, percent, 2009: 10.5%
Persons of Hispanic or Latino origin, percent, 2009: 7.4%
Approximate Number of Registered Voters: 745391

Fort Lauderdale: 179,971
County: Broward
Population of entire county = 1,766,476
Persons under 18 years old, percent 2009: 23.1%
Persons 65 years old and over, percent 2009: 14.0%
Female persons, percent, 2009: 51.3%
White persons, percent, 2009: 68.6%
Black persons, percent, 2009: 25.9%
Persons of Hispanic or Latino origin, percent, 2009: 24.6%
Approximate Number of Registered Voters: 1,360,186

Tallahassee: 176,429
County: Leon
Population of entire county = 265,714
Persons under 18 years old, percent 2009: 19.6%
Persons 65 years old and over, percent 2009: 9.2%
Female persons, percent, 2009: 52.2%
White persons, percent, 2009: 63.5%
Black persons, percent, 2009: 32.0%
Persons of Hispanic or Latino origin, percent, 2009: 4.7%
Approximate Number of Registered Voters: 212,571

Other Information:

Here are 5 urbanized areas reaching over 500,000. Orlando is included.

POPULATION >500,000
• Miami Urbanized Area – 4,919,036 (Miami-Ft. Lauderdale- Pompano Beach Metropolitan Statistical Area)

• Tampa – St. Petersburg Urbanized Area – 2,062,339 (Tampa-St. Petersburg-Clearwater, Florida Metropolitan Statistical Area

• Orlando Urbanized Area – 1,157,431 (Orlando-Kissimmee, Florida, Metropolitan Statistical Area)

• Jacksonville Urbanized Area – 882,295 (Jacksonville Metropolitan Statistical Area)
• Sarasota – Bradenton Urbanized Area – 559,229 (Bradenton-Sarasota-Venice, Florida Metropolitan Statistical Area and Punta Gorda, Florida Metropolitan Statistical Area)

======================

FYI: I have chosen Fort Lauderdale, Broward County because I think it comes closest to the demographics of Orlando, Orange County.

 

*Please feel free to vote but remember you should only vote once.

TIA

In another segment of “The Real Attorneys of OCC” sits Honorable Judge Belvin Perry, wearing his black robe, gavel in hand, ten minutes till 9:00am for Day 3 of the Frye hearings in preparation of the 1st Degree Murder Trial of Casey Anthony.
Casey Anthony, wearing a pink, scoop-necked sweater, and her hair tied back in a ponytail sits quietly taking notes. Casey, the star of this show is seated at the table with her defense attorneys Jose Baez, Cheney Mason and Dorothy Sims as they do the job they were hired to do which is to defend the most sensationalized, criticized suspect the United States has seen since the Orenthal James Simpson trial in 1995.

Part 3 of the Frye hearing originally scheduled one week earlier began on a good note as Officer McBride took the stand to testify to the smell of a garbage bag that was once in Casey Anthony’s trunk. She explained the changing of hands as to how the garbage bag was retrieved to where it was brought to the bay area of the OCSO for inspection.

It was defense attorney Jose Baez who during questioning had her acknowledge that the smell of the garbage bag reeked with a foul odor but when SAO Jeff Ashton cross examined her, she also agreed the car was there in the bay as well and it could have been the car that she was smelling and not the bag. All went well and then Cindy Anthony, Casey’s mother took the stand.

Cindy Anthony the Surprise Witness of the Day, admitted to Jose Baez that on the afternoon of July 15, 2008, after her husband George retrieved the car from the tow yard she opened the windows, hood and trunk of the car because of a horrible odor. She said she found Caylee’s backpack and her Mama doll in the back of the car.

Of course Cindy being Cindy had much more to add so Jeff Ashton being Jeff Ashton, began with the first of many by objecting to Cindy’s testimony. He shamelessly objected and called her testimony a “narrative” which rendered no objection from the defense.

Jose Baez’s questioning was concise, then Jeff Ashton took over on cross examination. His intention was solely to set the record that Cindy had first said in deposition that she didn’t use air freshener sheets and now she says she had. Cindy explained she was under duress and understandably had forgotten many things that she’d done during this traumatic time. Jeff Ashton was not impressed and was smug as he returned to his chair thinking I just made Cindy Anthony look like a liar. Cindy Anthony was dismissed.
Things took a turn for the worst when Kenneth Furton, professor of forensic biology took the stand. Jose Baez began his line of questions in the usual format. Dr. Kenneth Furton provided to the court his notable educational background, the fact he’d authored 120 publications focused on complex chemical mixtures, publications in the Journal of Chromatographic Science and mentioned the FBI had also funded some of his research. Furton added that he studies the capabilities of K-9s and that he was an early researcher in the study of odor signature of decomposition and its variables. There is much more to his resume but briefly stated, it was impressive.
His job for the defense team was basically to dispute the State’s expert witness, Dr. Arpad Vass and his “Labrador” the hand-held Clandestine Grave Sniffer Machine and give some testimony to cadaver dog capabilities.
The rest of his testimony didn’t not fare as well.
As Jose Baez was doing a stellar job in establishing Dr Furton as an expert scientist in his field of studies he was annoyingly interrupted by Jeff Ashton’s unfounded and obnoxious objections which by the way, Jose Baez has a wonderful way with words that makes scientific terms easy for a layman to understand such as myself. During the Baez’s questioning of Dr Furton and Jeff Ashton feverishly objecting to every other statement, the hearing began to fall apart. It was apparent that Judge Perry was slowly losing his patience.
As the examination of Dr Furton went on, things got uglier when Jeff Ashton inferred a part of Dr Furton’s testimony wasn’t in the report Jeff Ashton had demanded from the defense. This is the report that Ashton had fought so vehemently for through various motions he had filed to the Court months earlier. He wanted every expert witness to specify exactly what they would testify to. He complained to Judge Perry that Baez was “ambushing” him. Ashton continued to whine to Judge Perry that “his testimony has changed and so has his opinion”. Judge Perry disagreed and over ruled his objection warning him, “next time don’t be so specific”.
I can’t help but wonder if the recent motion filed by Cheney Mason claiming bias from Judge Perry and asking for a re-hearing set off the fireworks which helped to turn this hearing from informative and pleasant to an all out war.
This is a good example of Judge Perry’s attitude and many disparaging remarks towards Defense Attorney Jose Baez.
http://www.wftv.com/news/27395081/detail.html
Is Perry simply showing favoritism towards Ashton or is he really bias towards the Defense team? By Judge Perry making Ashton his favorite pet in a courtroom could easily be perceived as being an unfair and unreasonable judge. Because of this, any and all rulings against the defense are looked upon as being biased even if Judge Perry is making rulings with the best of his knowledge as a Judge.
In the outburst below, notice how Judge Perry yells “Everyone be quiet” only when Jose Baez tried to object to Ashton badgering his witness.
Snipped:

A professor of forensic biology, Kenneth Furton, took the stand next.
Ashton became frustrated when he accused Furton of not answering his question.
“That wasn’t my question to you sir!” stated Ashton. “Sir, that was not my question.”
At that point, Judge Belvin Perry said, “Just a second.”
However, when Baez tried to object to Ashton’s questioning, Perry became frustrated.
“Just a second! Everyone be quiet!” Perry hollered. “You can rephrase the question.”

This act of favoritism cannot be denied and I need to say it since the media hasn’t the guts to call it they way they REALLY see it.

It means nothing to me that Jeff Ashton became frustrated as WFTV tried to excuse Ashton’s behavior. The bottom line of this particular incident is that Perry only stopped Ashton when Baez rightfully attempted to object. At that point, he admonishes both of them and warns that he’ll fine them $100 if they speak to each other in the court room.
Doesn’t this sound like a kindergarten classroom?
This is not my opinion. This is a fact. Jeff Ashton has been the Golden Boy of the courtroom whereas Jose Baez has been the bad boy. If Jeff Ashton is getting his panties in a wad for not having his way in a few motions, how is he going to handle himself during trial? Is Judge Perry giving in to his tantrums to avoid a scene like what a mother does to a brat acting out at the mall? When things get out of hand then Baez becomes the Whipping Boy.

http://www.clickorlando.com/video/27326459/index.html

Notice how Judge Perry’s tone changes when he sustains one of Ashton’s numerous objections as to the Frye issue, Baez politely says “I think it does” yet he respectfully complies and tries to get on with the questioning then you’ll hear Judge Perry retort, “well unfortunately I don’t so move on.” Listening to that doesn’t make me think Judge Perry is bias but it does seem he’s favoring prosecutor Jeff Ashton over particularly defense attorney Jose Baez. What solidifies my belief is that I’ve never heard him use that tone with Jeff Ashton.
True, I feel childish as I write this article because this isn’t about the feelings of a couple of grown men who are degreed, educated attorneys, This is about a Court of Law which his trying a capital murder case and no, I won’t add “death penalty” because that doesn’t’ matter. I agree it really doesn’t because I’d expect respectful professional behavior even if this were a shoplifting case.
From the media, I’ve heard enough excuses for Jeff Ashton’s behavior and only cruel denunciation for Jose Baez’s errors. This is unfair.

If we can’t excuse Cindy Anthony because she says she forgot that she laid out air freshener sheets in Casey’s car because she was emotional, how can we accept this excuse for a professional prosecutor who deals in emotions everyday when person’s freedom or possibly life are held in the balance?

It wouldn’t be a victory for either side if Judge Perry were recused but if he’s unable to control his prosecutor and insist on respect from all attorneys in the courtroom, then perhaps this case requires another judge who can.

TheJBMission

Sources:
http://www.wftv.com/news/27395081/detail.html

http://www.clickorlando.com/news/27325002/detail.html

http://cas.fiu.edu/Vita_Furton_2009.pdf

This is a continuation of

 https://thejbmission.wordpress.com/2011/02/25/fence-sitters-anonymous/

 Discussion of  March 2, 2011 hearing.

 

 I think it’s a fair statement to say Jose Baez was onto the OC Sheriff’s Office trickery and use of the media early on as he responded to them in this letter.  I would like to know how often does Sheriff Beary and Sgt. John Allen of the OC Sheriff’s Office correspond with Defense attorneys?  This is the first time I’ve read this letter. 

 

Jose Baez, Esquire
522 Simpson Road
Kissimmee, FL 34744

Dear Mr. Baez:

In your correspondence to the Orange County Sheriff’s Office you have stated your willingness to fully cooperate with law enforcement regarding the investigation of Caylee Anthony’s disappearance within the confines of your ethical obligation to your client, Casey Anthony.

In response to your offer to fully cooperate, I am requesting that you provide the circumstances and location Caylee Anthony was last seen. As you are aware, the previous statements provided by your client have been false and misleading.

The law enforcement personnel involved in the search for Caylee Anthony acknowledge your ethical obligation to you client. We hope that it is your client’s genuine desire to help find her daughter and to uncover the truth. We are also hopeful that you are able to provide the circumstances and location that Casey Anthony last saw her daughter, and that you understand the information we are requesting is crucial to the search for Caylee Anthony. If you are willing to assist in this matter, please contact me at your earliest opportunity.

Sincerely,

Kevin Beary
Sheriff of Orange County

Sergeant John Allen
Criminal Investigations Division
Missing Persons Squad
(407) 254-7222

Here’s the response FROM Jose TO OC Sheriff’s Office:
September 22, 2008
via facsimile

Orange County Sheriff’s Office
Attn: Sgt. John Allen
2500 West Colonial Drive
Orlando, FL 32408

Re: State of Florida v. Casey M. Anthony

Dear Sgt. Allen:

I was pleased to see that your office has decided to take me up on our offer to cooperate in the search for Caylee Marie Anthony. Albeit two months later, it is better late than never, I suppose.

I was, however, displeased by the fact that I had to hear about your fax from the media before I even got the chance to read it. Nonetheless, I will convey your message to my client and discuss it with her further.

Please give me a call when you are more interested in searching for Caylee, as opposed to trying to improve your office’s public relations image. I realize that your office is under a lot of pressure because you haven’t found Caylee, but you should conduct your efforts in a more productive manner as opposed to leaking your communications with me to the media.

Sincerely,

Jose A. Baez, Esq.

    How prophetic of Judge Strickland when he lamented this phrase

 “THE IRONY IS RICH”

Motions Ruled February 10th

 

02/10/2011 Order Granting
Motion in Limine to Preclude the Use, in Any Fashion Whatsoever, of a Certain “Jib Jab” Cartoon

 
02/10/2011 Order Granting
Motion in Limine to Preclude Testimony or Alleged Statements of Witness Anthony Rosciano Connected to Inquiries, Conversations, or Interrogations by Corporal William Edwards Related to Sexual Relations with Defendant

 
02/10/2011 Order Denying
Motion in Limine Regarding Any Testimony That the Defendant has a History of Lying or Stealing

 
02/10/2011 Order Denying
Motion in Limine to Prohibit the Use, in Any Fashion, of Internet Myspace References Attributable to the Defendant as “Diary of Days”

 
02/10/2011 Order Denying
Motion in Limine Regarding Testimony of Neighbor Brian Burner in Reference to Shovel

 
02/10/2011 Order Denying
Motion in Limine to Exclude Irrelevant Evidence of Tattoo

 
02/10/2011 Order Granting
in Part and Denying in Part Motion in Limine to Preclude Testimony or Alleged Statements of Witness Anthony Lazaro Connected to Inquiries, Conversations, or Interrogations by Corporal William Edwards Related to Sexual Relations with Defendant

On February 10, 2011, Judge Perry ruled on several motions which could give us a small glimpse into the prosecutor’s little bag of tricks and theory they plan to use in their attempt to prove Casey Anthony maliciously murdered her 2 year old daughter Caylee Anthony over 2 years ago. As we know Casey Anthony has been charged with 1st-degree murder in her daughter’s death although Orange County Medical Examiner Dr. Jan Garavaglia could not say for certain if Caylee was murdered at all. This within itself makes this a complicated case. There is no mountain of forensic evidence to convict Casey but what will certainly be played out to its fullest is Casey’s propensity to lie and steal as indicated by this Motion in Limine.
Order Denying
Motion in Limine Regarding Any Testimony That the Defendant has a History of Lying or Stealing

Before I go any further, this is the definition of Motion in Limine as defined by Wikipedia website.

Motion in limine (Latin: “at the threshold”) is a motion made before the start of a trial requesting that the judge rule that certain evidence may, or may not, be introduced to the jury in a trial. This is done in judge’s chambers, or in open court, but always out of hearing of the jury. If a question is to be decided in limine, it will be for the judge to decide. Usually it is used to shield the jury from possibly inadmissible and unfairly prejudicial evidence.
http://en.wikipedia.org/wiki/In_limine

 
As we can see Judge Perry ruled to deny this motion which means the Defense’s motion to exclude Casey’s history of lying and stealing will be allowed. What this says to me is the State will attack Casey’s character by lining up witnesses one by one who Casey has lied to and her friend Amy Huizenga will testify to Casey’s unlawful use of her checkbook during the crucial 31 days.
Of course the earlier trial of Casey’s check fraud was no accident. We all know that the State stacked the charges to ensure Casey was a convicted felon before she went to trial for murder. This may have also helped the State turn this case into 1st Degree Murder and allowed them to throw in the death penalty option just for dramatic affect for the good people of Orlando Florida.
Order Denying
Motion in Limine to Prohibit the Use, in Any Fashion, of Internet Myspace References Attributable to the Defendant as “Diary of Days”

As I predicted Judge Perry also denied the Defense the above motion. I assume the State Prosecutors will use this poem posted on Casey’s mySpace page as some sort of confession that Casey knew Caylee had passed. Not just passed away but Casey not only murdered her daughter on or approximately June 16th but on July 7th, almost 3 weeks after the fact, took time to sit down a write a pseudo confessional poem on Myspace for all the world to see.

“Diary of Days
“On the worst of worst days, remember the words spoken
Trust no one, only yourself.
With great power, comes great consequence.
What is given can be taken away.
Everyone Lies.
Everyone Dies.”

Order Denying
Motion in Limine Regarding Testimony of Neighbor Brian Burner in Reference to Shovel

As to the above motion, lead defense attorney Jose Baez had also hoped that Judge Perry would rule in his favor to exclude Brian Burner’s statement claiming Casey had borrowed his shovel on June 17th. This was the day after Casey’s father George Anthony said he last saw Caylee alive leaving with Casey. In my opinion, it is relevant but also ludicrous to think that a person who just killed her daughter would borrow a shovel from a neighbor. This was also the same day Casey’s boyfriend Tony Lazarro used her car and possibly helped Casey break into George Anthony’s shed to supposedly steal gas cans. Is it possible Casey needed the shovel to break into the shed?
Order Denying
Motion in Limine to Exclude Irrelevant Evidence of Tattoo


The Defense team tried to no avail to exclude the fact that on July 3rd, Casey Anthony got a tattoo “Bella Vita” which in Italian means Good Life, another strange, unheard of action of a guilty mother. But does this apply to a happy woman who has recently murdered her child? It’s hard to believe but I’m sure State Attorney’s Jeff Ashton and Linda Drane Burdick will try their best to convince the jury this is exactly the reason Casey got this tattoo.
So far to no one’s surprise I see a pattern here that can only be the actions of a person with an extreme behavioral disorder. The State will surely use these inane actions to drive their theory home. Considering these factors the jurors will probably hear testimony from a psychiatrist/psychologist or both, that Casey Anthony is a psychotic sociopath.

Whether this will be enough, I’m not sure yet. It’s hard for me to imagine that Casey Anthony was so lucky not to leave one iota of physical evidence at the site of the remains. And of course, the jury will hear from Roy Kronk, TES searcher’s and others who’ll tell them how Caylee’s remains were found and why they were missed by so many law enforcement officers, investigators, off-the-street do-gooders and cadaver dogs.   This may raise reasonable doubt to the jurors if it’s proven that the remains were placed there while Casey was in jail.

Motions Granted

Judge Perry did rule in favor for the defense the following motions. No explanation needed for the “Jib Jab” Cartoon.

Order Granting
Motion in Limine to Preclude the Use, in Any Fashion Whatsoever, of a Certain “Jib Jab” Cartoon

Order Granting
Motion in Limine to Preclude Testimony or Alleged Statements of Witness Anthony Rosciano Connected to Inquiries, Conversations, or Interrogations by Corporal William Edwards Related to Sexual Relations with Defendant

Order Granting
in Part and Denying in Part Motion in Limine to Preclude Testimony or Alleged Statements of Witness Anthony Lazaro Connected to Inquiries, Conversations, or Interrogations by Corporal William Edwards Related to Sexual Relations with Defendant

Judge Perry did agree with the Defense that Tony Rusciano’s sexual relationship with Casey Anthony wasn’t important enough for the jury to hear yet Judge Perry seemed wishy-washy in his ruling regarding Tony Lazarro and his testimony therefore he’s allowing certain testimony and inquiries regarding his relationship with Casey.

I presume Tony Lazarro’s statement regarding Casey’s night sweats and nightmares will come into trial which is probably the most damning statement Tony Lazarro can testify to. I predict Tony Lazarro will be very interesting to watch on the stand. The jury will most definitely witness lots of objections and sidebars during his testimony. All I’m hoping is he’ll explain what he did when he borrowed Casey’s car on June 17th.

thejbmission

COMES NOW the Defendant, Casey Marie Anthony, by and through her undersigned attorney, and, pursuant to Florida Judicial Administration Rules 2.330(h), moves this Court for Reconsideration of the Court’s Order Granting State’s Motion for Sanctions/Motion to Compel, and Requests this Court to Vacate Findings of Contempt, and shows…

read here
http://www.wftv.com/pdf/26455761/detail.html

In compliance with this Court’s order, counsel for the Defendant (Baez) and his office labored to provide all of the information requested. The documentation was approximately three hundred pages. Said defense wanted to fax the said documentation, but due to the fact that it was approximately three hundred pages in length, the Clerk’s office declined. As a result, Mr. William Slabaugh, Esq. of the Baez Law Firm drove from Kissimmee to Orlando in an effort to file the documentation before the deadline. He was thwarted by the Interstate 4 traffic, arriving at the Orange County Courthouse at two minutes after 5:00 p.m. on Tuesday evening the 14th of December of 2010. Mr Slabaugh was doing his best to substantially comply with the deadline, despite its volume. Please see Affidavit of William Slabaugh attached hereto as Exihibit “F”.

The traffic was heavy your Honor. See Section 6

Incidentally, Mr. Mason did hand deliver the entire package to both the State Attorney’s Office and the Clerk of Court the next morning December 15th. Most importantly, this good faith performance included all of the documentation that was not due for another 8 days, December 23, 2010.

Cheney Mason, author of this motion, further asserted that the defense did comply to the clarification of the 5 provisions set by Judge Perry in his courtroom.
See
https://thejbmission.wordpress.com/2010/12/17/defense-expert-probable-testimony/

I agree with Mr. Mason that all five provisions were met. They, Casey Anthony’s defense team were simply being mindful of their obligation to protect privileged matters (work product).

As part of Section 9, Mason submitted supplemental information for each of the expert witnesses. 
As listed in item “d” of Section 9, Dr. Werner Spitz who did a second autopsy of the victim, cut open the cranium which Dr Garavaglia did not. He discovered dirt and mud on the left side of the skull which doesn’t support Dr. G’s finding that the remains were in an upright position. Cheney Mason added “Dr. Spitz is expected to bring significant rebuttal testimony in the matter of autopsy findings.”

Mason points to Order of December 3, 2010, Exhibit “B”, that “work product” privileged documents would not be included in any required discovery. He fears that the Orders would be outside the essential requirements of the law.

Interesting in Section 11 the motion addresses the dreaded “tax payer’s expense” that is all too often used in this case. The State experts have been “retained at tax payer expense”. Mason says this isn’t accurate. As he explains this that some of the experts have or will submit requests for reimbursement of expenses in accordance with the schedule of the JAC. He points out that the State bears no such burden or restrictions when hiring their experts.

mmmmmmmmmmMOTIONmmmmmmmmmm

NOW HERE COMES THE STATE. So what does Jeff Ashton of the State Attorney’s Office want? They filed a motion to compel additional discovery pertaining to the defense expert witnesses.

Starting with “#1 – Any contracts or agreements in any form, setting for the scope of work or expected compensation”
I suspect this will allow the State to cite any other cases this expert has testified. Maybe the intention is to taint the juror’s belief in anything this expert will say.

As for the other 5 requests, some are just plainly outrageous and a few of them could easily be ascertained by asking through deposition, looking on the internet and other sources as it was ruled in an earlier motion.
Thanks to the Gods of Justice and the hand of Judge Perry, 1, 2, 3 and 4 were DENIED without prejudice.

Number 5 and 6 pertaining to the actual evidence examined by the experts were granted.

5) Any notes taken by the expert or for the expert during, or referencing their examination of any evidence; and
6) Any photographs or video taken by the expert in connection with this case.

As a constant student of life, I’ve never realized how difficult it can be for a defendant in the State of Florida. I do hope Judge Perry has a change of heart and grants this one minor motion for the defense. He’s made his point. Yes he’s set deadlines and Yes, he can make a call of Contempt of Court but in this case and in the name of Justice, he was wrong in my un-lawyered opinion.   Perhaps the Gods of Justice will lead Judge Perry’s hand again and he’ll grant this motion.

News source:
http://www.wftv.com/news/26455776/detail.html

.

After watching yesterday’s hearing again there were a few items I took note. The facts that jumped out at me were the December 13th email to detectives Melich & Allen and Baez said JJ blogged at WS on December 8th. He went on to say Joe Jordan had lots of posts there and photos on the WS blog and his own blog which has since been abandoned.
My question: Where are these photographs? Did anyone in blogosphere happen to save any? The defense simply wants to see if any of these pictures were taken before the remains were discovered, so it’s easy to perceive the magnitude of this motion.

IIRC, LOL…BTW, Judge Perry used that term “blogosphere.” I think The JP reads the WWW regarding this case because he knew the verbiage. Interesting to think that he may read here. Perhaps he’ll learn that not all people are convinced that Casey Anthony is guilty.

I was wondering, no offense to Jose Baez, but does anyone think that if Baez had produced a copy of the email from JJ to detectives Melich and Allen that Judge Perry may have ruled in his favor?
As for JJ’s emails to Melich and Allen, aren’t they tangible evidence? They should be considered established because email is an acceptable form of documentation in a court of law because its date stamped and verifiable.

Baez also says he’s concerned about JJ because he’s a blogger. Rightfully so because here’s another blogger who has inserted himself into this case. I understand this because we know what happened in the other incident involving an obsequious blogger. Judge Strickland had to recuse himself from this case.
Another thing I wondered about, is the defense aware that JJ searched independently and not just searches with TES? Because when you put JJ in the TES category it seems like Baez is out to get TES when in fact he’s trying to get one potential witness, a searcher to hand over the same information and produce the same photographs that he proffered to the World Wide Web and law enforcement.

How can anyone take JJ’s testimony seriously if he keeps changing his story? JJ’s attorney McCloud claims his client is being harassed which I can understand. I wouldn’t want to have my entire computer forensically investigated either. I would also worry that some information may become evidentiary therefore could be included in the released documents so I wonder why McCloud doesn’t encourage his client to simply cooperate with both sides?

I appreciated Judge Perry’s question to Baez, did JJ point out the “magic area” when asked, Baez answered, “No, within 20 or 30 feet.” That was a fair question. He also repeatedly asked Baez if he asked JJ about the photographs in deposition. Baez answered quite a few times by saying he didn’t know the photographs existed until after he deposed him.
My question, can Jose Baez request to depose JJ again?
Finally Judge Perry ruled motion denied without prejudice. Something tells me we’ll hear about JJ again.
Thanks Snoop for finding the youtube link.

Read more here:
http://www.wesh.com/index.html

A judicial panel met in Tallahassee for the first time to address the problem with wrongfully convicted defendants.
Months ago I wrote an article on Bill Dillon. He was from Brevard County and was wrongfully convicted of murder. He sat on death row for 27 years all the while declaring his innocence. Gratefully the Florida Innocence Program took on his case and he is now a free man.
Sadly he’s just one of hundreds who have been wrongfully convicted in our country. As an American this does not make me proud, but for the fact that we recognize our mistakes and take action to fix the problem, I am proud. This is monumental for the state of Florida and I am thrilled to report Judge Belvin Perry will sit on this panel.
If ever I doubted Casey Anthony would get a fair trial, the thought is now on hold. I’m much more confident today after reading this article from the Miami Herald. Since potentially Casey Anthony’s jurors will come from Miami/Dade County and with probable media coverage of the conferences hopefully the public will become aware of this problem and hopefully the seated jurors will pay heed to common mistakes of the past.

False identification by eye witnesses was the major cause for erroneous convictions, along with invalid forensic evidence, false confessions and bad informants aka jailhouse snitches.

A national study of 225 people exonerated through DNA testing, conducted by the Innocence Project, an advocacy organization for defendants helped set these parameters for the commission. The commission will not help exonerations but will attempt to set new standards, rules and laws in order to prevent false convictions in the future. They intend to complete this report by June 2012. Knowledge is the key to prevention. “Better late than never” I say.
Nationally wrongful convictions are far to many in my opinion. I found Florida held the highest number of death row exonerations at 23 as reported in April 2009. These are just the exonerations. What about the innocent people who haven’t found the right attorney to help them? Or the ones who no one cares about because they are poor and have no family? These are the ones who become lost in the system.
As to how we feel about Casey Anthony’s guilt or innocence is not the issue. Caylee Anthony deserves true justice not a tabloid verdict to please the public. There’s no need for dishonesty or lawyer/prosecution trickery, Justice prevails when the facts speak for itself.

Read more: http://www.miamiherald.com/2010/09/11/1818777/florida-innocence-commission-seeks.html#ixzz0zIaPdvKK

Here’s a short synopsis of today’s hearing, in my perspective.

  • Cheney Mason wants Judge Perry to rule in the sealing of the jailhouse visitor log.  His argument is based on the fact that certain visitors to his client could be harmful to the defense as it could tip their hand to the prosecution or the general public.
  • County representative Gaplan answered with the Public Record Law. She stated the law should not be amended for prisoners held in capital cases only.  Judge Perry listened patiently but in the end, he left the door open for a week until he was able to do more research.
  • Cheney Mason then argued for the submission of TES searcher Joe Jordan’s secret tape recording of his state deposition.  Cheney then had a senior moment when he was unable to find the case he was quoting.  Judge Perry tried to help but denied his motion basically because of a law dealing with motions granted by recused judges and since it was previously denied by Judge Strickland, he let Judge Strickland’s ruling stand.  It seems Judge Perry will be respectful to Judge S.  If I were Baez, I would simply line up all 32 TES searchers and let them testify “I didn’t see it” x 32 times.  As a juror I’d have to wonder if the body was there considering 32 people said they didn’t see it. 
  • Baez wants the tips that LE gathered during their investigation.  Linda Drane-Burdick answered, she had her staff compile them on a disc and Baez has access to them anytime but he’d have to pay for them.  Judge Perry advised Baez to retrieve them and pay the estimated $2000. This will be added to her defense tab without a problem. 
  • Judge Perry says get a move on to the SAO and defense teams, play nice and let’s get it done.  Amen?  In my opinion, Drane Burdick is doing a little side stepping as well.  Neither side seem to have their ducks in a row.
  • Amended discovery notes.  Baez would like all of the bench notes from Oakridge National Laboratory.  Ashton obnoxiously objected during Baez’s argument. Judge Perry told him to put a pipe in it and allow Baez to argue his case. It seems Baez filed the wrong motion again.  Judge Perry says come back later and he’ll rule on “materiality” at another time and see if any of these issues apply to the “Frye Test”.  In context of criminal law, the Frye test refers to a standard of admitting scientific evidence at trial.  
  • Baez presented a scientific article referring to the “sniffer” machine.  This is novel machine used to sniff out human decomposition.  I think we can expect the death odor evidence will be argued to its fullest.  I can almost envision Drane Burdick and Ashton dragging the jurors outside to witness the “sniffer machine” in action.  Of course, it’ll be used on the trunk of one 1998 Pontiac Sunbird owned by Casey Anthony.  Can you say drama?
  • Lastly Baez informed Judge Perry that he had 45 new witnesses to depose from the state’s roster and it’s likely he wouldn’t be able to make the Aug 31, 2010 deadline.   Judge Perry reminded Baez of his allowance of 60 extra days giving him until October 31, 2010.  Everyone left happy.

In totality of today’s hearing, June 1, 2010 was not a good day for the defense or Casey Anthony.  A funny thing happened on the way to the courthouse, Casey Anthony had a  “slip and fall” and was unable to attend the hearing today.  Interesting.

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