Here we go... over and over again
Tuesday, August 24, 2010 at 11:11PM "Oh, East is East, and West is West, and never the twain shall meet."
- Rudyard Kipling, in his Barrack-room ballads, 1892
What Kipling was lamenting was the vast ocean of opinions that separated the British and the inhabitants of the Indian subcontinent. I see similarities in the courtroom.
The governor of Florida is the top banana of the state Executive branch, just as the president of the United States is in charge of the federal equivalent. The governor of this state is the only person who has the authority to name a Secretary of the Department of Corrections. Therefore, as we have heard time and time again, jails and prisons fall under the auspices of the Executive branch, not the Judicial or Legislative.
COMES NOW, Casey Anthony's defense team has filed yet another motion regarding her lack of privacy in jail, including, but not limited to, what types of snacks she buys from the commissary. Titled the NOTICE OF STANDING OBJECTION OF ABUSE OF FLORIDA STATUTE 119.01, it, once again, “objects to the constant, unconstitutional and abusive application of [the statute] as it relates to this cause..." In other words, inquiring minds should not have the right-to-know if those nachos are Frito Lay or another brand, never mind what flavor.
For starters, here's what F.S. 119.01 says about the matter as it explains the general state policy on public records...
- It is the policy of this state that all state, county, and municipal records shall be open for personal inspection by any person.
There are actually 4 parts to the statute, but the remainder are superfluous, in the sense that they address matters of technological advances, meaning we are no longer moving into a digital world, we are in the thick of it and the state is obligated to keep up with it. With that lone entry, all that should matter to the judge and Casey's attorneys are the simple words that need no further explanation, “shall be open for personal inspection.”
Judge Perry has no authority to usurp Florida statutes, which come from the Legislature, and he has no power to trump the Executive branch, either, which runs jails and prisons.
This is certainly not the first time Casey's lawyers have filed a motion like this. Each time, they have been turned back for the same reason. Whether it was Judge Strickland or Judge Perry, the same old, same old response has been delivered. “I have no power over the Executive branch of government. I cannot tell the jail how to run itself.”
Of course, those responses did nothing to stop this new request. I don't know whether to give the defense an “A” for perseverance or an “E” for filing another wasted motion. I know exactly what grade I would give, but instead, lets take a look at the meat of the motion.
- This matter is a Death Penalty Case that has garnered national attention and local obsession by the media.
- The undersigned counsel (Baez & Mason) has made repeated objections as to the application of Chapter 119.01 of the Florida Statutes.
- The Defense has objected to information being released by Law Enforcement, Corrections, and the State Attorneys office in this matter.
- It has been and continues to be the defense position that the First Amendment rights of the media must give way to the constitutionally protected rights of the accused, especially when the State seeks the ultimate penalty of Death.
- This objection is standing and continues and the Defense invites this Honorable Court to either reverse any prior rulings as it relates to public disclosure or Sua Sponte order the aforementioned agencies to prevent any future abuses of Chapter 119.01.
- On July 13, 2010, the media reported that the accused ordered "Crackers and Cocoa." This ridiculous coverage has become common in this case. The information was obtained from a public records request from the Orange County Jail. [A WESH Web story was attached to the motion.]
- The only purpose of this type of coverage is to embarrass, harass and humiliate the accused and poison the potential jury pool.
It is that final argument that strikes me as peculiar. The only thing that has become an embarrassment is the amount of motions this defense has filed regarding, not only this matter, but others. It is no trade secret that the jail, the state attorneys and the sheriff's office routinely respond to media requests for public records and the agencies are obliged to hand over the goods. True, this is a capital murder case, but if we are a nation where all people are created equal, and that means Floridians and their state's Open Government and Public Records laws, it must clearly include Casey Marie Anthony, who has no special rights outside of each and every one of us. The rules will not be rewritten.
My advice for the defense would be to take the "Crackers and Cocoa" argument up with the governor. That's an executive decision, not the court's. As for tinkering with Florida's statutes, that's up to the Legislature.
And for what goes in Casey's belly behind bars? Without a doubt, potential jurors are not going to remember whether Casey squandered her jail allowance away on nachos and bean dip or saltine crackers. No, not at all. What those jurors will ponder is whether she squandered her life away by murdering her child, and nothing more. Besides, what's so embarrassing about liking Doritos?
Dave Knechel | in Capital Punishment, Casey Anthony, Caylee Anthony, Cheney Mason, Chief Judge Belvin Perry, Dave Knechel, Florida’s Government in the Sunshine, Human Interest, Judge Stan Strickland, Marinade Dave, Marinade Dave’s Caylee Anthony Posts, Orange County Corrections Department, Orange County Sheriff’s Office, State Attorney's Office | Share Article 
LEGAL NOTICE
©David B. Knechel. All Rights Reserved. No portion of this site can be reproduced in it's entirety or in part without expressed written permission by the owner/administrator of this site in accordance with the Digital Millennium Copyright Act. Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. §512(c)(3). The charges against defendants are mere accusations and the subjects are presumed innocent until found guilty in a court of law.
Reader Comments (120)
Hi Dave,
I thought that your post was very interesting and absolutely to the point. I also liked your quote from the Ballad of East and West which was one of my favorites when I was younger.
I would be much more embarrassed by the pictures that were shown on Nancy Grace ad nauseum earlier and still show up on newspaper web sites than by the knowledge that someone thought I ate Doritos or crackers and cocoa if I were Casey. I would also be embarrassed by being caught in the lies about my work or Zanaida Gonzales's apartment. It would never occur to me in the midst of all of the things that Casey could be embarrassed about to be embarrassed about my choice of snacks if someone were to publish them in the newspaper.
Personally, my favorite snack is crackers and cheese and I don't feel embarrassed to confide that information to the group. I also really like chocolate candy.
What is Casey's defense trying to do with their motion???
Dave~~Just an FYI...I believe that Sempre Invictus left his/her comment on the wrong thread. It was relevant to this post.
Thanks for this post, Dave. Bravo! I noticed you explained how Judge Perry would not be able to rule on what takes place at the jail as it is out of his realm. The courts do not have jurisdiction over Jail Administration and its rules and regulations. I wonder if Judge Perry will admonish Baez this time. Mason should know better. I noticed he signed the motion as well. He is a stubborn old cuss.
When I look at what was released by WESH, I think they were tying in George not appearing at the courthouse those couple of times with his lack of making contributions to Casey's commissary acct. This was around the same time that George learned that Casey had made allegations that he sexually abused her. I doubt if anyone would have published what Casey purchased, if it were not for the other incidents.
As of Oct/09, Casey had spent approx $2200. Now that is alot of hot chili beans etc. Even though that total was for 2009, it does seem a bit extravagant for someone who is now indigent.
I honestly think the media outlets are upsetting the defense more than they will ever taint a jury. JMO
Oh my gosh Dave! When will the Defense stop trying to get Casey "special" treatment? I would love for the Defense to explain why their client should be given better treatment over anyone else that is in jail. Is it because she is accused of murdering her daughter that she should be allowed the best of the best over the rest? I mean really...What a crock! And how in the heck will saltine crackers and peanut butter taint a jury pool? This is absolutely ridiculous that they would waste their time, money bs logic to cry over cocoa and w/e else the INMATE chooses to eat. Yes, I said it...INMATE...!!! Hello!
Mr, Baez...how many other INMATE clients have you fought to get these same rights for? I mean really, whats good for one is good for all no? Go ahead, pull out your big empty briefcase and show us the stack of motions you have on all of your other clients fight for privacy over their snack foods! What frustrates most people more is the waste of tax payer money you continue to flaunt in useless court motions that have absolutely no bearing on the outcome of this trial. If anyone's rights have been violated, its been Caylee Marie Anthony's rights! Maybe your INMATE client should have thought about all of the rights she would lose before she started lying to police purposely to mislead them so that they couldn't find her daughter! And Mr. Baez...I feel the Florida tax payer rights have been violated with your constant misuse of their funds! Instead of worrying about defending what snacks your client is eating, you should focus more on some sort of viable defense for her? Or...are the chili & beans, coco butter and hair ties somehow going to prove her innocence? Will the saltine crackers prove to be the missing piece of evidence that clears your client? Is there some kind of connection to inmate Anthony's snack food choices and the crime scene that the prosecution has somehow missed? Or...could it be that you are afraid that a potential juror will prejudge her because of the brand of shampoo she choose to purchase?
Oh...! and Mr. Baez...we are eagerly awaiting your petition(s) to the court to allow Miss Casey Anthony personal shopping trips...Don't forget the nail & hair salon...(personally chaperoned yourself of course! ) Maybe, while she is sitting there so bored, she should take a vacation..private of course..on a secluded island resort? You do not want to forget to request that a tattoo parlor be built attached to the jail with a door leading right into her cell? OH! and let's not forget, you might want to motion the court to allow overnight visits at her boyfriends house...with special permission to attend the local movie store so she can pick up the latest copy of "Look at me, I'm so special!" hot off the press! While you're at it, so as not to waste extra tax payer funds, you could request that the court allow the taxpayers to purchase her a new computer so that she can keep her myspace page updated and stay in touch with all of her friends! If you make it quick, you could also request that she be allowed a hottub and four poster bed with frilly curtains be installed in a much larger cell that would bolster her self-esteem! Hell..don't stop there Mr. Baez! Go all out! Ask for it all! We are here to pay for her every need and desire! A fluffy new pillow...pink bunny slippers, red lingerie, maybe a fancy new sports RV? Don't forget to ask for a specific color :) Let's make the best of it huh?
Great blog *Dave
Informative AND funny! I hope Judge Perry comes up with a response that embarrasses Baez for asking for such a stupid motion and wasting the courts time.
This is Casey. Baez is just being her b!tch and following her orders. She must be whining to Baez about people knowing what she's buying @ her new mall. This new motion just goes to show where her mindset STILL is.......Not stressing about the loss of her child and facing lethal injection or life in prison, instead she worries about appearance and what people will think of what she eats. I can't wait to hear Judge Perrys response. :)
What are the odds that Judge Perry will allow the "rights" of one convicted felon to upsurp the rights of every law abiding citizen in Florida?
These ridiculous motions provide Casey a field trip to the court house. And an excuse to appeal after she's convicted.
Oh me, Oh my..."East is East and West is West".. If I recall correctly that was from a song called "Buttons and Bows"...I remember that song from when I was a kid...How true that is in this case...Another comes to mind too...the one that goes "Second verse same as the first"...so all I can say is that I think this is the third or fourth verse and they're all the same...BORING...When is Baez gonna stop beating a dead horse???...I can see Judge Perry now just shaking his head and saying "Jose, Jose, Jose, what's next?"
Dave, I continually wonder how you keep trumping yourself...Great post as usual...and Ice Mistress, you gave me my first laugh of the day...Right on!!!]...While we're at it...how many murder suspects (I'm trying to be nice) do you know are left in solitary confinement until their trial...I'd venture a guess...not many...Soooo let's give her equal treatment and turn her loose with the gen pop...Bet we'd find out a whole lot more about Miss Princess...
I wish the defense would all grow up. Seems like they are like kids in a candy store.
Great post Dave. Hope you and the family are well.
If I were the defense team, I would be much more worried about the public/jury pool's pretrial perception of frivolous motions than what they think about her commissary purchases. If they are really that worried about that list prejudicing potential jurors, they can bring the subject up during voir dire. It should be fairly simple to determine whether or not a potential juror has been tainted by the knowledge that Casey eats junk food in jail.
I really don't think Judge Perry is going to look favorably upon this motion - on several different levels. They are once again wasting the Court's time and Floriada tax payer money.
Good morning, Amber.
When I learned of the new motion being filed, I immediately thought of the Kipling quote. For the life of me, when it all comes down to the jury, they are not going to care about what she snacks on. I do think, though, that these motions are being filed for future use, as in a reason to appeal. Ultimately, there is no reason because the Florida Statute is so clear, a third grader could understand it. I still think the defense is throwing everything its got at the wall in hopes that something sticks.
Good morning everyone. The defense should stick to the matter at hand - defending a woman who murdered her daughter. This case is not about what Casey eats and who deposits money in to her prison account. Baez and company are ridiculous. They must really enjoy the admonishments they receive from Judge Perry.
Dave, do you think this motion will be addressed at the status meeting on the 30th?
I would think her and the attorneys all have "wedgies" from all the wiggling and wrangeling they are doing. I agree..Put her in general population and she will really have a legitament complaint within a week. Such a big waste of time and money.
Hiya, Snoopy! It may have been in error, but there it was and there it must stay. I saw it as my eyes were closing last night.
Judge Strickland originally ruled on a very similar motion. Judge Perry ruled the same way when it was brought back up in a motion for consideration of prior rulings. How many times will the defense be allowed to refile the same thing? Probably until the judge puts his foot down and declares his order ruled "With Prejudice".
I think you make a very valid point and it was quite observant of you. WESH wasn't trying to embarrass Casey at all. It was to explain what she did with her money and who kept offering up new funds. I guess it gets pretty boring in a jail cell, so any treat is a special treat, but yes, that's a lot of money to go through.
You know, I've heard of the Twinkies defense, so maybe Doritos will have their day in court soon.
Cindy Anthony To Donate A Pair Of Caylee's Shoes
Hi, IceMistress - Casey's defense will never stop trying to get her prima donna treatment. The court, on the other hand, cannot and will not play favorites. Why they continue to ask is beyond me, and so are some of the other very inane motions they file. The list grows longer with each passing week. I wouldn't be surprised to see a motion asking this judge to recuse himself due to prejudicial rulings. I hope not.
Good morning, Diana! Thank you. I'm wondering if the judge will render his decision in chambers. After all, does this motion really warrant a hearing? What really surprises me is that such an experienced attorney like Cheney Mason would go along with it. How can anyone abuse what is clearly spelled out in that statute? It says free and open. It does not say free and open except for Casey Anthony.
Baez is concerned that Caseys orders from the commicery could taint the jury.This morning Cindy contacts the media to anounce that she is donateing a pair of Caylees shoes to charity for children in Honduras.Millions of people donate time an money to charity everyday without feeling the need to contact the media to advertise there good deed.Perhaps Cindy thinks that as a celeb adding the Anthony name to the event will increase its profile an donations..
Kara Zor-El - The odds of Judge Perry usurping the law in order to accommodate Miss Muffin are as high as the risk of Mars crashing into the Pacific Ocean in the next 20 years. If the defense intends to use this as a means to appeal, it will backfire. The law is the law. What an appeal would be based on would be that it destroyed her right to a fair trial, but it won't work. The court would have to free a lot of prisoners if it allows it. Thanks.
Hi, Estee - I think we all wonder when the judge will put his foot down. If there were ever a reason, this would be it.
I keep trumping myself? Why, thank you. This particular post was easy to write because the motion is deeply flawed. And the defense cited nothing in case law to back itself up. It was just a statute that clearly says what it means.
Good morning, Marsha - Thank you. It might seem like kids in a candy store, but Casey done ate all the sweets! I mean, who honestly cares about her treats? Just how does the defense intend to prove her snack habits will keep her from getting a fair trial? Nuts, I'll tell you.
Very well put, Sempre Invictus. What I'd like to know is what person of sane mind would argue over saltine crackers, as if her junk food diet would impact her guilt or innocence whatsoever. I just find the motions very peculiar. Yes, what a waste... or should we say about Casey after indulging in all those snacks, what a waist.
Good morning, Carmen. Nope, it's got nothing to do with Casey's diet. Maybe the defense thinks so because you can't spell diet without die.
Do I think the motion will be discussed at the Aug. 30 status hearing? If the judge squeezes it in, it will no longer be just a status hearing and Casey would have to attend. So far, the docket just calls it a status conference. He might decide this in chambers.
Attn Baez and Company (and we know you read Dave's blog) :
friv·o·lous /ˈfrɪvələs/ Show Spelled[friv-uh-luhs]
–adjective
1. characterized by lack of seriousness or sense: frivolous conduct.
2. self-indulgently carefree; unconcerned about or lacking any serious purpose.
3. (of a person) given to trifling or undue levity: a frivolous, empty-headed person.
4. of little or no weight, worth, or importance; not worthy of serious notice: a frivolous
suggestion.
I hope Judge Perry gives this motion all the attention it needs. Read it once and quietly deny it without a public hearing. I also hope he does it in such a way that Baez and Cheney get the idea and stop using taxpayers money filing these frivolous motions. They need to be reprimanded.
My first reaction was "oh Good Lord" but after having read your post and thinking about it I'm wondering if this is in preparation for another batch of defense spending reports that will eventually be released the same way. In one video interview of Baez and Cathi Belich he said she talked too much about the taxpayers money. I think his first remark was "What taxpayers? Why are you always talking about the taxpayers?" This is why. It's not Casey's money he's spending now since I imagine she has paid very little in Florida taxes, and as taxpayers we have a right to know how our money is being spent, where it's being spent and what it's being spent on. This motion is a waste of taxpayers money.
Since the judge has already stated the jury will be brought in from other places that last statement that it will influence the jury pool is moot. I live up here in Jacksonville and I can tell you that it's not on our news media like it is there in Orlando. As a matter of fact we don't hear much of anything unless they go nationwide. And ONLY the defense and those associated with it does that. If they had kept their mouths shut and stayed quiet it wouldn't have gotten the attention it does now. I can see defending the earlier pictures and the other stuff that COULD harm the defense, but this does nothing but make it look like she's being represented by a couple of two year olds.
ok quietly getting down from my extremely short soap box... muttering sheesh!
Boy, Glenda, I hate to even think about Mr. Mason with a wedgie. More like an intestinal blockage if you ask me. As for the general population, she is in a peculiar position, a limbo of sorts. She's not conviced of the murder and she honored her fraud sentence. The court won't set bond and it can't sentence her to anything more, so she sits there under the protection of the county.
I guess that's an honorable thing to do, Mary Jo, but it seems a little too late. I will give Cindy credit for the kind gesture, though. I think it's very difficult for her to part with ANYTHING that belonged to Caylee.
Mary Jo and Ecossie I doubt any kid in Columbia needing shoes will care if they belonged to Caylee or not. To them it'll be just another pair of used Target shoes. It's just another bid for Casey attention instead of Caylee. If they wanted it to be about Caylee they would have waited til the trial was over then donated all of her shoes but her one special pair. (and what about all the kids in the United States whose parents can't even afford the Goodwill?)
Hi, ecossie possie - I think with the reputations of the Anthonys so tarnished, a little good faith gesture may help their public image. Not by much, but it can't hurt. I don't know, time will tell.
Caylee's little Crocs? Damage Control!
Yes, I'm being cynical- HAH!
Connie - That's an excellent point, that the jury will be brought in from elsewhere. What all of these frivolous motions point to, in my opinion, are to file an appeal (if she's convicted) based on her inability to get a fair trial. The defense will cite all of the motions it filed to prove it's true, although I disagree.
Hi everyone! I have not had time to read comments so I hope I do not repeat someone. IMO a little less time crying and lying and this defense team might be able to come up with some kind of defense. We are wasting time and money on non-important issues. They should be trying to track down the nanny. Or maybe they should be trying to figure out why Disney is lying about Casey's employment. If I was sitting on her jury the last thing I would be worried about is what Casey is shoving in her big mouth. Is Jose serious about this or is he just trying to piss people off? Most people have more important things going on in their lives to worry about a spoiled brat eats and washes their hair in. bbl, have a good day everyone.
I, too, hope Judge Perry gives them a big reprimand for filing this motion again. I really think they file these frivilous motions because they do not have a defense for her. There is no way that what she buys from the commisary is going to taint the jury pool. The jury is going to be more concerned with why she didn't report her daughter missing and left it up to her mother to do it. Mason should know better to file a motion like this, but maybe he is sitting back and letting Baez hang himself.
Dave, I think that Cindy notifying the media about donating Caylee's shoes was nothing more than trying to get attention to herself. I wonder if there is going to be a document dump soon.
I forgot to add maybe Jose should be filing for a gag order. The State did that and Jose and Cindy did not want it. Can't have it both ways.
Dave, great post! I forgot to say that earlier. I always feel so informed after reading your posts. Keep up the good work.
Baby Bozo Crying Again.........he should be worried about embarrassing himself. We've seen all of Casey's facebook pictures, and her role model mommy selling video of everything but them taking a pee, ooppsss........forgot we've seen pics of that too. Hang it up Bozo, you made a mistake, you should of made a plea deal right in the beginning, but NOoooooooo, you wanted to become famous. You're famous alright, for being the dumbest lawyer in history. Casey had a much better chance with a public defender, at least then we would really know that tax dollars were being used correctly. You just don't like showing your cards, you're track record ain't so good.
Good morning, Laurali - It seems to me to be a one way street for this defense. They should be able to broadcast their propaganda, but the facts presented by the state should not be. Talk about being fair, I don't think so.
I think it might have been for the publicity, Mary Jo, but I still think it's so extremely difficult for Cindy to part with anything of Caylee's, I'll give her a pass on this one. In other words, I won't make it into something it might not be.
Oh! I like it when a woman tells me she feels so informed after reading my posts. Thank you.
I truly doubt that Judge Perry is going to get to publicly exasperated with Baez. He would just then accuse him of bias, request another new judge and delay this trial even longer. The Judge has surely dealt with annoying attorneys before. Besides, he wouldn't be ruling on this, anyway, if I recall his prior comments.
I've gotta agree with you about the motions Dave. I'm thinking most of what they've done since Cheney Mason joined has been for future appeal, because it doesn't make sense otherwise. The thing about the appeal is that this Florida statute has held up on appeal before and Judge Perry has mentioned it. That alone should make this motion frivolous.. I mean how many times does a judge have to rule on one motion?
I feel like the defense is TRYING to turn this into a "SIMPSON" trial and it's just not that. With the exception of people like me who were captured by an innocent little face, no where outside of Orlando do they even care what Casey eats or what her defense has to say. I would say most are just waiting to see what happens at trial. She's just another mother who killed her helpless innocent child in what appears to be a fit of rage or revenge. We've lost sight of the child somewhere. I was in SC when the Jessica Lunsford case was going on and it was all about Jessica. We heard very little about her killer. That's the way this case should be but the defense and the parents have skewed it all to be only about Casey instead.
~Estee~ I'm glad that you found laughter this morning at my post. I was a little upset when I was writing it but after re-reading it, I found the lol's too. It is so frustrating to see the Defense waste so much time, money and energy on nothing. And just another thought there Mr. Baez, your client loves to be in the spotlight. Why don't you mosey on down to club fusion and see if you can find the one that she loves to dance under? She loves her pictures from there...show the whole world how "beautiful" she is....but DON"T ever tell anyone what she eats...even though she advertised that in a few pics too. (food in wide-open mouth, yuck!)
As for Cindy donating a pair of Caylee's shoes for charity? BS! She will probably go to another good will store and buy or steal a pair of similar sized shoes and say they were Caylee's. I wouldn't trust anything that she has to say. That woman can't stay out of the media for one second...why do they always blame the media when they are the ones feeding the media? It is very obvious that both Cindy and Casey are "ME, ME, ME" personalities.
Hi, Maggie - I have one minor disagreement with your statement that Baez should be worried about emabarassing himself. He already has! As for Casey, yes, after all those photos have been made public, what's a saltine cracker going to do to harm her? As for a public defender as her counsel, I've often wondered how much different the strategy would be with Bob Wesley at the helm. He's as good as they get.
Could this latest motion's purpose be to bait Judge Perry to give cause to Baez and Mason to
have Judge Perry removed or could Baez be trying to get himself thrown off the case?
Thank you for the great post Dave,
I have a feeling Judge Perry knows these wasted motions are coming, he also knows he has to be patient with them to ward off appeals. The defense knows they are trying his patience which to me, is why the defense is coming off looking more inept with each unnecessary motion.
I hope you and your family are doing well Dave.
Love the site!
I agree, Ohiogirl, I doubt that the judge would publicly chastise the defense. That might show bias. If he does anything at all, it will be in a hearing sidebar or in chambers and we wouldn't know about it.
What perplexes me the most, Connie, is that the future appeal strategy, and certainly this motion, aren't based on legitimate arguments. The statute is quite succinct. How could it be argues later on? I don't get it at all.
Anonymous - I did think about that, but Perry is the chief judge and it would be foolish to make him mad. If the defense thinks it can manipulate the court into admitting any wrongdoing, it will never happen. Even Judge Strickland never acknowledged doing anything wrong, and the criteria for recusal is different. Casey would have to have something to go by in order to claim she couldn't get a fair trial from this judge. It has to be based on something that shows the judge "could" be one-sided against her.
My pleasure, Steeplechase Girl, and thank you for enjoying it. I tend to agree with you. Judge Perry knows that some of the motions aren't worth the paper they're printed on, but what can he do? Eventually, the wasted motions will work against the defense as they run out of time to file proper ones. Perhaps, that's what this dense has in mind; to keep postponing the trial in order to keep filing motions. This judge is not going to fall for it. Neither did Judge Strickland, and in his favor, he heard most of the nonsensical motions over the past year and a half. By the time Perry took over, the junk stuff was already filed and ruled on.
Dave, I imagine people were wondering why we kept fluid samples in the days before DNA when all they could be tested for was blood type. Only time will tell if these motions will be of use - I imagine Cheney Mason can think that far ahead even if Baez can't. Down the road if that statue fails for any reason they'll be right there to jump on it with all these motions on file.
Anonymous, I don't think Baez can be taken off the case since that new law went into effect saying that once a lawyer starts with a paid case he can't be replaced once the client becomes indigent. This is from the WESH news site "An amendment went into effect this month in Florida that bans judges from appointing attorneys where an indigent client has already retained and paid a lawyer. Experts said the idea is to prevent a private attorney from pulling out once a client’s money runs out." So she's stuck with Baez.
~Dave~ Maybe the people of Florida should ask for Baez to recuse himself on the grounds that he is biased against other inmates and that he is not defending his client, merely trying an appeal before the actual trial? WAIT! Mr. Mason is this your plan? To show how incompetent Mr. Baez is so that you can have him dismissed and take over the case yourself? After all, the public would think you are so much better right? Especially after watching your flip flop opinion before you took on this case. Mr. Mason, you did show Casey your opinionated "expert" advice on how she should just plea out because she was going to be convicted right? OH, that's right, it was her choice of snack foods inside the jail that convinced you of her innocence! I think the prosecution should bag up all the snacks inside the jail and hold it for evidence examination by the experts!
Ahhh IceMistress I think you might have hit on something there to use on future appeal. Lack of efficient counsel. I think Baez is floundering and Cheney Mason is looking forward to appeals.