The Orlando Sentinel and WFTV have reported that TES attorney Mark NeJame has filed a Motion To Defendant's Motion For Leave To File Supplemental Authority.
In the motion, dated, February 10, NeJame uses some very strong language in terms of this motion.
I've excerpted portions of the motion and have bold-faced the words and phrases for your reading pleasure.
1. The Defendant's motion is inaccurate and lacking in demonstrating any proper investigation or due diligence prior to its filing.
2. If counsel for the Defendant had conducted a proper inquiry he would have ascertained that noe of the previously approximately 4,000 undisclosed names of the searchers were shown, reviewed, or looked at by Adam Longo, reporter for Central Florida News 13....
In the same section, NeJame explains that
The review was purely limited to review the forms and the type of information contained in the reports so that Mr. Longo would be accurate in reporting his story. He never retained any of the names or personal information but was purely interested in the type of information contained and not the specifics of their content.
NeJame then discusses the fact that he had confirmed the facts given above with Mr. Longo. Then, Longo contacted Jose Baez and communicated this information to him. Apparently, NeJame thought that this would be enough information for Baez to withdraw his motion. When he didn't, NeJame filed this response. The motion then asks the judge to strike the Baez motion or deny it.
The final section of this motion is probably my favorite because Mark NeJame gets to the heart of the issue. Many of us who have followed the motions filed by the defense have wondered when this sort of request would be made:
7. In addition, Texas Equusearch, a nonprofit charitable organization that is the subject of this inappropriate motion and request, respectfully asks this Honorable Court to assess attorney's fees against the counsel for the Defendant, especially since he has been advised of the inaccuracy of his motion and has failed to take any remedial actions. He has caused unnecessary attorney time and Court time to be wasted, especially since he has been fully advised of its misrepresentations and inaccuracies and nevertheless continues to proceed.
Apparently, Mr. Baez filed his motion based on a media report. Rather than calling Mr. Longo to verify the information prior to filing the motion, he just interpreted the article to his advantage. Baez continued with his motion even learning that what he'd filed was based on his misinterpretation rather than withdrawing it when he found out the facts.
If the defense is put on notice that they will have to pay for faulty motions which cost other attorneys and Judge Strickland and his staff time and money, that he will pay, perhaps he will begin to think through his motions and do his homework before popping them off willy-nilly.
Finally, as a person who loves the proper use of language, I must give some praise to Mr. NeJame for a succinct, well-worded, easy to read motion.
Baez has also filed a motion in reply to the State's motion for a private meeting with the judge. When it becomes available, I'll check it out and share it with you.