The Strange Tale of the Missing Deadlines
Tuesday, February 22, 2011 at 3:11PM …OR, WHAT WE HAVE HERE IS A FAILURE TO COMMUNICATE
Last month, Jose Baez was sanctioned and fined $583.73 for not complying with a court order. The Court had granted the State’s request for additional defense discovery on December 3, 2010 nunc pro tunc (retroactive to) November 29, 2010. The order specified what information the defense was to provide regarding expert witnesses they planned to have testify during the trial. What the defense gave the State fell far short of the order and the prosecution filed the motion for sanctions. Ultimately, Judge Perry wrote, “The Court finds that defense counsel Jose Baez has committed a willful violation of the Order to provide additional discovery…¹”
COMES NOW, a new motion was filed by the State requesting the judge to hold Jose in contempt of court for missing yet another deadline. Titled the MOTION FOR RULE TO SHOW CAUSE, it accuses him of failing to comply with paragraph five of the Court’s February 7 order:
Frye Hearings: The motions addressing Frye issues pertaining to scientific evidence shall be held on March 23, 24, and 25, 2011. The court will provide a schedule to counsel as to the order in which each motion will be heard. By February 17, 2011 at 4:00 p.m., defense counsel shall submit to the Court and State in writing, the specific issues that will be objected to in accordance with Frye, including, but not limited to, those objections previously addressed in the motions.
What happened? While there’s no doubt in my mind the defense has been rather flippant about orders and deadlines, why would Jose & Co. ignore this one and plead bewilderment as he did in his e-mail to the judge’s judicial assistant? After all, the order is very clear, isn’t it?
As I mentioned in my last article pertaining to Frye and chloroform evidence, I wrote that I would discuss the scientific and legal aspects of the motion the defense filed and a subsequent rebuttal motion filed by the prosecution, the MOTION TO STRIKE DEFENDANT’S MOTION TO EXCLUDE UNRELIABLE EVIDENCE PURSUANT TO FYRE [sic] (CHLOROFORM). This new motion filed by the State takes precedent at the moment, but in essence, there were two separate Frye motions filed by defense. The second one pertains to plant and root growth evidence, and that includes another rebuttal by the State, the MOTION TO STRIKE DEFENDANT’S MOTION TO EXCLUDE UNRELIABLE EVIDENCE (PLANT OR ROOT GROWTH). To keep confusion to a minimum, this post will strictly address the contempt motion and the what, the whys and the hows. How and why did the defense let another deadline slip by? My God, what were they thinking?
A LITTLE BACKGROUND
To say that Assistant State Attorney Jeff Ashton is hot-headed and impatient is sometimes an understatement. He’s also a stickler for detail. Trust me, I’ve had plenty of opportunities to observe him in the courtroom. However, my intent is not to denigrate him in the least, because, at the same time, it’s his convictions and close attention to detail that make him so good at what he does; and every defense attorney who’s ever crossed his path should be well aware of the fact, especially the likes of Cheney Mason, with many years of criminal defense experience under his belt. Ashton is just not going to let things slip by. He’s sharper than a knife. Besides, it’s the job of the prosecution to slam dunk any defense whenever it can in order to achieve justice for the people; especially in this case because of the here and now, the age and innocence of the victim, and the nature of the crime. They don’t charge people unless they think there’s enough evidence to convict. Of course, all crimes are worth fighting and this one is no different, but a prosecutor’s objective is quite clear; JUSTICE, JUSTICE, JUSTICE. A courtroom is a battleground, and it’s up to both sides to keep the opposition on its toes. So far, the State has done an excellent job. The Defense? Well, that’s another story.
By now, most of us would acknowledge that Jose Baez came to this case quite green and wet behind the ears. Cheney Mason, on the other hand, had been around. His Website states that he began his private practice in 1971 after admission to the Florida Bar. That’s 40 years ago. He’s been in Orlando all this time, so he should recognize most of the quirks and traits of district court judges and assistant state prosecutors. He’s no novice in the courtroom, in other words, but from what I have seen and heard thus far from several powerful attorneys and my own careful observations, he is more of a legend in his own mind than he is for real. That’s not to say he hasn’t had his moments, but as much of a leader as he is supposed to be, I haven’t seen it factor in quite yet. To make clear his role in this case, and Jose should understand this because of his naval background, Mason is the seasoned admiral and Baez is at the helm. Just because an admiral boards a ship doesn’t mean he takes control of the vessel, in this case the SS Casey. Baez is the commander until he’s relieved of duty, and that’s not going to happen.
I think it’s safe to say that, from the onset, the defense has had a rough go of things and it goes way deeper than many of the superfluous motions that have been filed and other errors in judgment. Let’s face it, whoever took the mantle was going to be the target of attacks from a hungry public hell-bent on justice. It’s the nature of the beast, and we all know the natives were restless from day 1 and still are. There will be no let-up until Casey is convicted. That’s a given, so no matter what the defense team does, they’re forever wrong. Since Jose is always the fall guy, I’m going to look into the contempt motion through as neutral a stance as I possibly can and let you decide.
CONTEMPT! CONTEMPT! CONTEMPT!
Both of the defense motions requesting Frye hearings were filed on December 30, 2010 - seven weeks before the contempt motion. To be succinct, they have been firmly in the hands of the Ninth Circuit Court since that date. Now, if I filed motions, I reckon it should be a safe bet that unless I make changes, those motions might stand. Stet is the Latin word for it. If I am given an opportunity to make changes and I don’t, why would I ever have to refile the same, meaning identical, motions? In his query to the court after the deadline passed and Ashton called him on the carpet, Baez wrote:
Jill:
Can you please ask the Judge the following:
We are a bit confused. Mr. Ashton just asked me about my objections to Frye. When I read the order from the status hearing. I understood it to mean that if we were objecting to anything not in our motion that it should be in writing, that was also my understanding as to what was discussed at the status hearing. I have also discussed the matter with Mr. Mason and he is just as confused if not more. Our objections are clearly laid out in our motions. If I had any other objections I would raise them after reading the State’s response but they have not filed one yet. If the Court is requesting that we do something additional we would like to be heard in chambers to clear up the matter. Otherwise I think the logical choice would be to wait until the State files their response, so that we can be even more specific as to the issues to be heard.
Sincerely,
Jose Baez
For sure, this is a major failure to communicate, but if we extrapolate, meaning to infer from what we know to be true, there’s an obvious snafu - we are left with a badly confused, ridiculously muddled, situation. BOINK!
Once again, the defense should realize by now that the prosecution is going to jump at the chance of a legal mistake. We have seen it time and time again, and in his contempt motion, Ashton strongly reiterated what the judge said in his order; “… including, but not limited to, those objections previously addressed in the motions.” That’s as clear as day.
Here is where the defense failed to grasp the wording and follow the judge’s edict. Do I understand what went wrong? Of course I do. The bottom line was that the defense interpreted paragraph five as meaning, if there are no changes in the first motions we filed, why file them again? Why not wait until the State files its rebuttal motions and then refile them? Clearly, the defense noted its intent in the original motions, including ISSUES UNDER FRYE and LEGAL ARGUMENTS. To send the same thing over again would be redundant. I concur. However, and that’s a big however, that doesn’t mean the defense is blameless and should be let off the hook. At the same time, should the judge hold the defense in contempt of court? There are a lot of things involved here. The prosecutor is quick on the draw. The defense must know this. The judge is getting sick of the mistakes, too.
Judge Perry made it quite clear in his order, but I believe it could have been written more concisely, given the propensity of this defense to become addled and not follow directions to the letter of the law. When I read and reread the paragraph time and time again, I could see where the defense misinterpreted it, but the following are my words:
If we are going to make any changes to the original motions, then we must rewrite the entire motions and not just attach addenda to the first ones as separate documents. We should wait until the State files its rebuttals, too, then rewrite the entire thing.
Unfortunately, that’s not at all what the judge asked for, and what it tells me, once again, is that the defense is not following up; it’s not paying attention to detail and here’s why - Had I not completely understood what the judge wrote, and I can see where it could be a problem, I would contact his assistant right away for clarification. That’s the first and right thing to do. Hey, Judge, do you mean to file them again even if we have no changes? I mean, after all, we aren’t going to make any changes until we hear from the State.
The only thing is, the State DID file rebuttal motions on February 15 and I said so in my very own paragraph number five. They are the MOTION TO STRIKE DEFENDANT’S MOTION TO EXCLUDE UNRELIABLE EVIDENCE PURSUANT TO FYRE (CHLOROFORM) and the MOTION TO STRIKE DEFENDANT’S MOTION TO EXCLUDE UNRELIABLE EVIDENCE (PLANT OR ROOT GROWTH). That gave the defense two days to reply or to call the SAO or the judicial assistant for direction. Was that enough time? The judge will decide, and he will have to weigh this new MOTION FOR RULE TO SHOW CAUSE because, in my opinion, it could go either way. Judge Perry must be getting tired of the Mickey Mouse antics of the defense, but he also knows the team is up to its ears in complications, and when the more experienced attorney is more confused than the lesser, well, what more needs to be said?
Dave Knechel | in Casey Anthony, Caylee Anthony, Cheney Mason, Chief Judge Belvin Perry, Dave Knechel, David B. Knechel, David Knechel, Death Penalty, Human Interest, Jeff Ashton, Jose Baez, Linda Drane Burdick, Marinade Dave, Marinade Dave Knechel, Marinade Dave’s Caylee Anthony Posts, Orange County Circuit Court, State Attorney's Office, marinadedave | Share Article 
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Reader Comments (92)
Glenda, it just sickens me! When the Feds came here and revealed to us that our son was used to line someone's pockets, people we trusted to care about him, I felt he'd been violated. I'm still wary. You, no doubt, are too.
Right now we in the disabled community here, are watching closely as American Therapeutic is called to task. They absconded with tens of millions of dollars from Medicaid and Medicare for services that were never rendered. They transported the disabled to empty offices where they would sit for hours doing nothing, receiving nothing, sitting idle strapped to their wheelchairs or confined to small empty rooms, unattended. Oh God, Glenda. Such greed always feeds upon the most vulnerable, doesn't it? Like Caylee. :-(
Just to let everyone know, my great uncle is visiting for a few hours. He lives in NJ and I haven't seen him in, probably, 29 years.
At what point does the defense become embarassed by saying "I don't understand", OMG the rest of us are embarassed for them, how do they show their face in public. This reached ridiculous a looooooooooong time ago!!!!
Dave, Glad to see your Uncle is in town. I am hoping it is the wonderful Uncle we read about. Have a nice time visiting.
I also need to admit to my terrible writing skills. When I wrote last night, I should have let you know that from your writing, I understood everything that was going on because you broke it down for me and simplified. My mind tends to travel fast! I was picturing the Baez team as "The three stooges" when they did their "Disorder in the Court" episode. I can't imagine NOT having your site to read at. I'll be back today, just needed to comment!
Chloroform can be purchased on line. I know it is determined that Casey looked it up to find what ingredients to use to make chloroform but if she had been using it periodically to sedate Caylee I don't think she would be making it. Is there any record of a purchase of chloroform near the date being referred to for the computer lookup or on any other date the past year before Caylee's death
It is interesting that most feel Casey is guilty and should die for her crime so why worry about the way Jose Baez fumbles her defense. If she is not represented as well as she could be, guilt may be widespread. To have the best possible defense for a fair trial and still be found guilty will give great satisfaction to many. Can JB be the reason for there being a mistrial? Can Casey call foul because of JB after the the jury's decision?
From the beginning, Baez has been like a fish out of water.
New puppy,I do believe Casey is guilty. I want her to have the best defense she can have. Baez has squandered three hundred thousand dollars of Casey's money for that defense and now she is having to rely on JAC for the cost. I don't feel Baez has put forth all he could have done. I want one trial that does everything it can do to ensure there will not have to be another one. I wonder just how open Baez has been to Casey. Does she really understand the tactics Baez is taking?
Is it ok I post this, Its a update on Tracy Ocasio and Chris George. I hope all is well with you DK. :)
http://cayleemarieanthonycase.blogspot.com/
Margaret, I do not think Casey understands or knows. It has been said that Casey is calling the shots, I don't believe so . I do believe JB is cleverly manipulative, his words to her are leading and conniving and that he has implied he is the only chance she has. I do believe that because he is the only male contact she is close to that she is easily persuaded by the need to feel close to a man. This was a trend before the murder, Casey seemed to fall into whatever situation any man offered to her. Can't say why exactly, except she was looking to be loved and accepted, that is just my observation When Caylee came into her parents life, I do believe Casey could have grown jealous of Caylee having all the attention and little things she had but felt she lost because of Caylee.
Back to Baez, in the end although he may be manipulating Casey to think everything is her decision, knowing very well that as her attorney he can claim he did as she told him to do, This will also fall on her shoulders in public opinion, like after all she called the shots to her own demise. Something tells me he is afraid to do his job well enough that she may be found not guilty. With that he would stand a lot of public criticism. However, either way the jury decides, at this time, so close to trial, he may think he is doing himself favor but in my opinion, he doesn't have much time left to pull it all together. I wonder how many tiffs he and Cheney have had, and maybe Cheney is just letting Baez bury himself so he can rise up the great attorney who walked Casey out on his acquital arm. Can defense attorneys turn on each other as the trial is in process. One thing for sure this case has kept many waiting for two and half years. I can almost see that people are planning a celebration and already bought champagne to toast, expecting a unanimous guilty from the jury. I do enjoy reading all the facts and thoughts from everyone and just like others, waiting it out. Sometimes I really believe I have neglected to live life to the fullest because of it in my thoughts daily so for Dave who is in up to his neck with every detail and fact available surely it must give him some sleepless nights just gathering thoughts to write for us.
I was just cruising around the blogs reading. This is off topic but I found it interesting and it was written on a reputable blog.
When Mason and Baez filed the motion to have Judge Strickland recused, they did not expect him to step down. Mason planned to hold this motion over Judge Strickland's head when it came time for the judge to rule on the motions. It was almost like a blackmail tactic. Well, Mason's plan backfired and look where they are today. Had Strickland not stepped down, every defense motion that he denied in the future, Cheney could foresee a reason to appeal.
Snoop: I had to login and comment when I read your commet. :-) Well, isn't that interesting. I find that a very plausible theory. It has the ring of truth about it, me thinks.
I really, really wish that all members of the defense would roll up their sleeves and get down to serious work--forget about the games and the easy way out. Just get to work.
Interesting theory, but I know it differently.
Hi Snoops!!! Canyou tell me, will Baez be the only one held in contempt or will it be both lawyers? Mason's reputation has been so over exaggerated. IMO. What is with him, letting Baez pull his little games this way? Mason strikes me as a person that will not tolerate anything he doesn't like. I have depended on Dave and you through all of this to understand, because I know nothing about the law. You two have done an exceptional job for me. What would happen if Judge Perry asked Casey if she is still confident in her counsel and she answered no? I have thought for some time that Baez does not want this trial to start. How can Baez be thinking the money will roll in, IMO he is not going to come out of this looking good enough to write about. Thank you Snoops
Dave, Are you keeping secrets from us? lol
Margaret~~Baez is the lead counsel and is responsible for the whole defense team. If Judge Perry agrees with Ashton's motion, Baez is the one who will be held in contempt. Everything falls back on Baez' shoulders. Now that doesn't say that if Cheney Mason swore at the judge, that would be the skin off Cheney's neck because Cheney is an officer fo the court and he has to show respect for the presiding judge.
I really don't think that Judge Perry will hold Baez in contempt but I have been wrong on many occasions.
Baez may have a viable reason in saying he could not understand the motion. Jeff Ashton will say that Baez should not have waited until the last minute to call the courts and get someone to interpret the motion for him. By waiting too long, Baez missed the deadlines once again. Judge Perry is going to be livid if he has to play referee for Baez and Ashton. I think both will get a lecture.
I do not think Casey will say that she is not satisfied with her attorneys. If and when the verdict comes back guilty as charged, she is gonna demand Baez' head on a silver platter.
If Judge Perry feels the defense is doing a poor job, he can appoint an advisory attorney to join the defense and help them. Perry wants this trial to begin on time and not for it to be tried twice. He has his work cut out for him this month and I do not envy him one iota.
Dave Knechel~~that theory I posted in reference to what I read on another blog is absolutely, without a doubt, brilliant. Mason reminds me of Frank Sinatre and that song, "I'll Do It My Way". Cheney Mason comes across as being a foxy manipulator.
Margaret, I reread my comment to you and, in one part, it sounded stupid. It should have read.... If Cheney Mason swore at the judge, the onus would be on Mason, not on Baez. Their behavior in the courtroom, as officers of the court, falls on their own shoulders. The hour is late and my brain fell asleep alrleady.
That is an interesting theory Snoop. I'm with Dave on this one though. I think judges and lawyers have a life outside the courtroom and at times their lives overlap. In all the years Mason has been a lawyer he's gotten to know these judges quite well. I think when he came onboard he had someone review the tapes for mistakes and that someone tapped the screen at one point and said "who is this? Who is this guy he wants to talk to? Find out" and it went from there. I think he was wanting a judge that would be more favorable to the defense and instead of getting someone more lenient he got someone more strict and it not only blew up in his face but is making him look like the second seat fool. I am still waiting to see what if anything he has to offer to the defense. When he's in court he seems to not be up to date on the issues being discussed.. neither him or Baez which is sad. I doubt holding a recusal refusal over Strickland's head would have done any good because there is always a chance for an appeal, no matter who's on the bench. Those chances just got slimmer because of one rash motion. The guy on the other blog had a good idea but when looked at closer it just wouldn't hold water.
This has bothered me since I saw it. WESH's article about a last minute plea deal not being likely at this point due to the sides' animosity towards each other. Now those of you who know a lot more than I do let me know ok? But I am under the impression that last minute plea deals like he's talking about come when the evidence is so overwhelming that the defense knows it won't win AND it's done to ease the stress put on the victim's family, or to help find the remains. We know where the remains are, and the victim's family from what we can see actually believe Casey is innocent so what reason would be the plea deal given? In order to plead guilty and take the dp out of the equation she would have to say "I did it" and how she did it. I never see that happening so any idea of a plea deal of any kind is ludicrous no matter how well the opposite sides do or don't get along.
From Hal the TV Guy
Casey Anthony: WKMG, Tony Pipitone offer major report at 11 tonight
http://blogs.orlandosentinel.com/entertainment_tv_tvblog/2011/02/casey-anthony-wkmg-tony-pipitone-offer-major-report-at-11-tonight.html
But here’s how high WKMG General Manager Skip Valet is on the report: “It’s more terrific Tony Pipitone. He’s one of the journalists that consistently breaks new information in the story, and he has more tonight.”
Dave: Here is a video released last night by Click Orlando (WKMG Local 6):
Tony Pipitone To Debut New Casey Anthony Evidence
It will be interesting to see what information Tony Pipetone comes up with. Why is he the only one to have gotten this information? Time will tell.
I just watched the Pipitone video. It looks like I will be up past my bedtime tonight.
I just wonder where Pipitone got all this secret information unless it was something Baez wanted released while he was at the convention. (My nephew is also there with the FBI) I am interested in the "planted" evidence. If I remember wnen the team and Dr. Lee went to look at the car in the tow yard, he had to go to the restroom. After a while he did not come back they found him out by the car with 17 Caylee hairs he had found. I knew then he probably would have trouble with this evidence after his previous problems. I really doubt the State planted evidence. Why would they. They now had the body.
Now I will go outside to push the shuttle up!!!!!!!!!
Dave, I hope it will be worth your staying up late for.
I just hope that Tony Pipitone is not going to open up a whole new can of worms. Dave, I really think you should go to bed and not watch Tony. *wink *wink
Nika1, maybe Dr Lee went to the restroom and cut the death band off some of the 17 hairs. After all the antics of Baez, maybe he did alert Pipitone to discovery that was due to be released and Tony went and retrieved it. That would certainly be a good payback to Kathi Belich, compliments of Baez.
I agree Snoopy - Something is fishy!!! I can't believe the State leaked any information.
Got the shuttle up - Just one more. I'll have to go to the Cape for that one.
Dave~~ Hey look at this.....they made a correction!!
ORANGE COUNTY, Fla. -- CORRECTION: A spokesperson from the Florida Bar Association says a grievance filed against attorney Jose Baez does not concern misrepresenting facts to the judge in the case against Casey Anthony. Channel 9 had reported the case did concern misrepresentig facts to the judge. The spokesperson said the grievance against Baez dealt with “ethics or misrepresentation.” The spokesperson also confirmed Baez had been informed of the complaint filed against him. The Bar refused to say who had filed the complaint.
Source~~
WFTV
WFTV Corrects Jose Baez Complaint Story
I'll be darned, Snoopy. That's a first. I'll bet Baez threatened to sue.
NIKA1, it was a beautiful lift off from my Tv. Don't you know the scene looking out from the space ship is spectacular!!!
Dave,hope you and your family had a really nice visit. I guess we will all be waiting for the big announcement tonight. Mason may be ready to jump ship. Leave it to Baez to leave us guessing. Another one of my favorite shows on tv is Investigation Discovery. My insomnia was working overtime last night so I watched this program, proving through plant and root growth, that this person was killed and buried over two years before she was found. There is no way I could try to explain it but it was fascinating to see how it was done. I can't see anyone calling it junk science, a lot of work, by a lot of people went into it. I have no doubts that state knows exactly when little Caylee was put in those awful woods.
It was a very nice visit, Margaret. Thank you for mentioning it. I doubt if I will be able to stay up tonight. I'm very tired, but usually, a lot of hype goes with it, so it might not be all that significant. I like Investigation Discovery, too. There's no way plant and root growth forensic science is junk.
Just so you know, I will be gone all morning. If you get stuck in moderation, I will let you out when I return.
Good Morning Dave...Yes, the news delivered by Mr. Pipitone was on late and since I am unable to receive WKMG Channel 6 I decided to make a call.... My grandson lives in Casselberry and I knew he would be up...He was kind enough to place the telephone receiver in a position soo I could hear Mr. Pipitone's report...Sounded like Mr. Mason questioned Dr. G quite vigorously and was trying to implant the drowning theory...There will be more tonight at 11 PM, so quess I'll be making another call...Suggestion...why not set your DVR so you could view it first thing in the AM...That's what I do when I know something of interest will be on and I don't want to miss it...I'm sure another news agency will be reporting on the new revelations soon....SO glad the Shuttle made it safely UP...Now the next dangerous event for them will be their return home...Prayers out for a safe return in eleven days...Enjoy this fabulous weather we are having...Makes one thankful to be still sucking air...
There's no way plant growth is really disputable. Been used in the UK since, like, Spilsbury's day. That's an interesting one to Google btw- ecossie would be very familiar...
Estee I am not in Orlando and unable to receive the channels also, so I log into their websites. If they don't have a video feed on a report right away they have it soon after. I never can remember channel 6's call letters so I put Click Orlando into the search engine. I always remember that for some reason.
Gotta wonder who leaked it huh? I think with all their yammering about the prosecution leaking stuff they need to check their own offices now and then. I can see how the defense is going to go now. Dad tells lady friend "it was an accident that got out of control", to the drowning, etc.. The drowning theory has been out there from the start and like Dr. G said "if a child drowns the parent usually calls for help".. they certainly don' t put duct tape over her mouth, shove her into a trash bag, then a laundry basket then leave her in the woods to rot. (paraphrasing what she said). This came out while Baez was at a conference. What I don't understand is why he didn't just put them online like all the other documents and depositions? Something shady going on here.
Hi Connie...Somehow I'm not buying the drowning bit...I think the pool ladder was set there to draw us to a possible drowning scenario...in otherwords IT was staged...Was the ladder really there or was it something Cindy thought up... Will we ever know ????
WFTV
Casey Anthony Hearing: 2011 02 25, Part 1
WFTV
Casey Anthony Hearing: 2011 02 25, Part 2
I just put a new post up. No biggie, but it's something.
IMO, I don't believe Jose or Mason misunderstood the order. Judge Perry was clear on it at the hearing and the Order is not confusing or open to interpretation. I do believe it was an intentional ploy on behalf of Jose - with Mason saying, put my name in there and the Judge will really take notice that his order is confusing if he sees I have a problem with it. I believe that Jose and Mason both are at a point where they realize that KC's goose is cooked, the money is gone, and they want out and the only way to get out is to be thrown out. If they can cause enough blunders, the Court or KC could request new counsel and that would delay the trial - keep KC off death row a little while longer. After Friday's hearing though, I do feel that Judge Perry is wimping out and do not believe that he will sanction or hold Jose in contempt on March 2nd. He should, but I don't believe he will. In any event, the Order is clear and unambiguous to anyone with even the slightest legal experience. March 2nd will be interesting.
Does anyone know what time court will be tomorrow ??? I sure don't want to miss it...It should be very interesting with Casey's whole famdamily answering questions put to them by both teams...Let's see who hedges the most questions...