Posts
25496
Joined
4/1/2008
Location
Daytona Beach, FL, USA
Edited Date/Time
1/20/2012 10:28pm
Been watching a lot of the Casey Anthony case, it's local news here and on every channel live, and her lawyer Jose Baez seems completely in over his head and incompetent. Today, for example, his own witness wound up being better for the prosecution and objection after objection by the prosecution was being sustained because he appeared to have no idea how to question his own witness once the witness didn't go his way, lots of leading questions, lot of beyond the scope, lot of testifying questions and more.
Now, while I realize that in the event of a mistrial, she can be put on trial again as double jeopardy is not attached until the jury reaches a verdict.
However, what if a jury renders a verdict, and the appeal is an incompetent attorney? She can't be tried again, can she? Isn't double jeopardy attached at that point? Could this dick head be making this part of his plan? The judge has admonished him several times and also said he willfully disregarded the judge's instruction and will likely report him to the Bar, and the prosecution has said they will prepare documentation for a series of admonishments for submission at case end.
Could he torpedo his career to save her, with the plan being to then write a book or some madness like that?
I realize it's tin foil hat thinking, but he just seems so incompetent and in over his head, not to mention making serious administrative and direct and cross examination errors
Now, while I realize that in the event of a mistrial, she can be put on trial again as double jeopardy is not attached until the jury reaches a verdict.
However, what if a jury renders a verdict, and the appeal is an incompetent attorney? She can't be tried again, can she? Isn't double jeopardy attached at that point? Could this dick head be making this part of his plan? The judge has admonished him several times and also said he willfully disregarded the judge's instruction and will likely report him to the Bar, and the prosecution has said they will prepare documentation for a series of admonishments for submission at case end.
Could he torpedo his career to save her, with the plan being to then write a book or some madness like that?
I realize it's tin foil hat thinking, but he just seems so incompetent and in over his head, not to mention making serious administrative and direct and cross examination errors
http://www.flcriminalappeals.com/Post_Conviction_Process.html
1. Counsel failed to investigate and file a proper motion to
suppress.
This came up today!!
Her lawyer, Baez, never went through the computer hard drive and or reports like the prosecution did, he was completely caught flat footed on that one today
From a local news station summary:
Also on Tuesday, prosecutor Linda Drane-Burdick told Judge Perry that the state has identified in computer records, searches and instant messages made from the Anthonys' computer.
However, Baez cried foul, saying it's too late for the state to introduce "new evidence."
"We got the hard drive, but that's everything judge," Baez said.
But prosecutors told the Judge Perry that the defense has had the hard drive for at least two years.
"It's not new evidence. I don't know how something could be new evidence when it was given to you," Judge Perry said.
I just don't understand what's going on, makes no sense. This guy is in so far over his head. He's being totally out classed by the State. I can't believe the Judge hasn't called a mistrial, if that's possible, due to his apparent incompetence
One reason judges probably aren't quick to call mistrials is the legal standard, and I think particularly in criminal cases in the event the defendant is acquitted in spite of crappy representation. Generally judge's like to see if the jury gets it wrong before declaring a mistrial, and it doesn't sound like the errors here are screwing up the prosecution's chances of conviction in any event. But I am not well versed in criminal procedure, very rarely involved in criminal cases, and not the least interested in this one.
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Apparently they called this "Expert" and the judge tossed him until the Prosecution could review.
In all the pre-trial hearings, the judge clearly stated that if an expert had an opinion, it was to be included in the written report given to the other side in discovery. Well, this guy is on the stand and Baez asks him his opinion on his research and the prosecution jumped up objected, went to side bar and then the jury sent out. In court, they bickered and bottom line was, Baez never informed his witness of that requirement so there was no "opinion" in the report. Then, late Sunday night, Baez has a stack of papers delivered to the prosecution for the first witness the next day. Judge Perry laid into him and said that he blatantly and willfully disregarded his rulings.
The judge has a group of people from Tampa, in Orlando, cooped up in a hotel room with little to no outside stimulus (TV/radio/internet) and they've been there for over a month already, he does not want to fuck around. He is very prompt and has told all the attorneys not to fuck around and waste time. Because of Baez's shit the other day, now they have to be in court by 8:30 and go to 5:30 and now do a full day (instead of half) on Saturday
This sucks, try folks in court, not on stage, and this poo would go away.
The defense guy is just going to spiral in, it seems he thinks he'll be the next F Lee Bailey but he's no F Lee.
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