Monday, April 5, 2010

Showdown in Strickland's Courtroom in the Case Against Casey Anthony

This has been quite a day in court. Tempers flared, complaints were made. It was a showdown. Blogger ate my article!

Towards the end of the hearing, in his rebuttal to Mark NeJames, Baez placed all blame of defending the case on the documents. He wants them, and he wants them all. They are critical to the case. "They" are trying to kill Casey Anthony and "we" are trying to save her life! Judge Strickland pointed out that this hearing is not before a jury, but there are a lot of people on TV watching!

And so we were.

This was a very long hearing and, according to Mark Eiglarsh on InSession, it could have been wrapped up in five minutes.

Apparently, Baez had contacted Joseph Jordan's attorney who said he would bring in his client as a witness. Jordan never appeared.

Jose Baez opened the hearing by stating that he had two arguments for the Subpoena Duces Tecum he had filed. First, the documents in question were subject to duces tecum.
He then asserted that Texas Equusearch was conducting business in Florida and even opened an Orlando chapter, and was clearly an agent of the state. Finally, the documents are in Florida.The defense had discovered 4 additional searchers that had not been provided by TES. They were Laura Buchanan, Joseph Jordan, Danny Iberson, and an unknown K-9 officer from Panama City (referring to Cpl. Edwards interview with Jordan).

Baez went on to say that there were many photographs and videos taken at that site and others which showed searchers. After a very long pause so that everybody could view the pictures, Baez said that there was a great deal of materiality in the pictures and finding the names of the people in them. As an example, he showed Judge Strickland one with Danny Ibison with his dog taken with Detectives Melich and Allen. When asked by the judge how he knew they were all TES people, Baez pointed to the caption in the picture that said so.

For me, the most astounding thing Baez said in the hearing was:

It just takes one person to believe that those, that the remains of Caylee Marie Anthony, were placed there after Casey Anthony was locked up in jail, to reach a reasonable doubt, which of course would, require Ms. Anthony's acquittal.

Alas, if there were true, the defense would have a slam-dunk case!

Baez then got into the meat of his argument.

He brought out TES form #08895 and pointed out that the signature at the bottom was illegible and that the name of the team leader was cut off of the top left-hand side.

There was a cure for that problem, just shoot an e-mail over to NeJame's office and ask for the name!

He also said that he learned Joseph Jordan's name through Laura Buchanan who possessed forms that weren't in the package.

It would seem that Ms. Buchannan must have contacted the defense since they didn't have her name.

Jordan had searched the area along the stockade fence and found a baby blanket and cooler that Ibison was sent to check out. Baez pointed out those items were found in the area near where the remains were found. Unfortunately, the two didn't go into the woods due to water.

Hello! If they didn't go into the wood where Caylee's remains were found due to water, why are we here today?

Baez then dropped his personal "BOMBSHELL". Jordan had sent an e-mail to Allen and Melich just after the remains were found. It said he thought the body could have been placed there after they searched. The State didn't include it in disclosure! They didn't call Jordan in and interview him at the time. Baez started talking Brady (disclosure) violation and Linda Drane Burdick got up to object, since Brady violations are not part of the motion.

Baez then moved on to complain that Tim Miller wasn't on the witness list. Mark NeJames objected that this issue isn't relevant to the motion.

Judge Strickland reminded Baez that they were discussing the motion to modify the TES order.

Jose Baez then offered "several" actions:

1. Compel the State to subpoena the documents
2. Grant his motion

After a bit more irrelevancy concerning Tim Miller being on the witness list, Baez then stated that the court is allowing Mr. NeJames to say what is relevant to the defense. He allowed Brad Conway to view the documents! He allowed the media to view the documents!

Baez then argued that when the original order was made, he NEVER thought he'd find other names. These documents are CRITICAL to the defense. Somehow, this ended up being an issue that Ms. Anthony was unable to face her accusers.

Let me think, not having all 4000 names means they can't call them all and ask if they were at the site, and if they were, to be confronted in a court of law if they didn't find the remains?

Baez then explained that it's possible that people who searched elsewhere may have talked to others who were there at TES meetings, or wherever.

Isn't that heresay?

Again, Why isn't Miller on the witness list? Why are THEY going to Texas to meet with him? Why is he traveling back here to meet with detectives?

I can answer that! You haven't done his deposition yet!

Strickland interjected that the State doesn't ask him who to put on their witness list, that it's who they intend to call.

Baez argued this yet again. I was waiting for him to get back to his own motion!

Strickland reminded Baez that witness lists and discover aren't the same thing. He told Baez to continue.

Baez went back over details, the map with the blanket and cooler. They were in the area, you know. Baez indicated there just may be other "bombshells" out there.

Finally, it was Mark NeJames' turn to speak. He stuck to the topic, thankfully. He pointed out that he had agreed to present Tim Miller for deposition. The defense never bothered to schedule him for a deposition since August 27, 2009. He said he didn't understand how the defense could say he was unavailable.

NeJame then went through the information he listed in his motion. He went through how he allowed Conway to review the information first out of respect for the Anthony family. He wasn't allowed to take pictures or write anything down. He tabbed the items to be released. He offered the same opportunity to Baez, who didn't show up, just sent a copying company to do the job for him against the court ruling. NeJames spoke up for the volunteers who did now want their information made available to subject them to threats, lawyers, bloggers, etc.

NeJame first raised his voice as he said:

And how they can jump to this ridiculous conclusion of these "bombshells" when they haven't even taken a moment, I mean, not even a 5 minute inquiry, to inspect the 4000 documents, if they're all that important, is beyond me.

He also read from the defense motion that the defense had said that the court had placed a "burden" on them to go to NeJames' office to inspect the documents. He ranted on a bit more about this and the "burden" it was for the defense. He compared the 10 minute walk to his office to the time the defense had spent on TV interviews and drives to the TV stations.

Suffice it to say that I have never seen Mr. NeJames so exercised! His voice kept getting louder and louder as he voiced his opinion of the defense team's efforts to identify important, crucial even, material for their cause.

Finally, he shouted: COME BY TO MY OFFICE! AFTER COURT! as he looked towards the defense table.

At that point, the judge commented and Mr. NeJames apologized to the court. Baez just smirked.

Nejames then went back to the TES form signed by Joseph Jordan. NeJames pointed out that it was unclear if the copy provided to the court was one copied by his office or by Baez' office. He also pointed out that they could have seen the original at his office if there were a problem. He also noted that the form also included people who searched with Jordan and some had phone numbers. The defense could have contacted them. In essence, there were more than 32 names released to the defense.

He also addressed the issue of Laura Buchanan. She searched Blanchard Park and her document wasn't part of the 32. TES could not know that she was at the other site. Nejames also pointed out that hers was an unsworn statement which he read for the record.

NeJames cleaned up a few details we've already heard in his motion (including the details of Longo's notice to Baez that he hadn't seen the documents) and sat down after saying that this motion was in very, very bad faith and that the defense's problems with the documents were due to laziness or sloppiness by the defense team.

In his rebuttal to NeJames, Jose Baez stated that the reason that they hadn't done the deposition with Tim Miller was that they didn't have all the information they needed until they had the proper documents on which to base a proper inquiry of him. He went on to complain that finding Mr. Jordan, finding Ms. Buchanan, finding the others, is very important information that is critical to their case. He repeated that the map he showed the judge of the blanket and cooler was taken very near the place where Caylee's body was found. He complained that the documents are in no particular order, one page doesn't relate to another. (Funny how Conway and Drane Burdick could do it.) He was outraged when he insisted that he and his people could not do a proper job if they went in with no pen (holds up a pen), no pad (holds up a pad of paper), and flag them for NeJames.

NeJames objected to this since it was a re-argument of what was heard the first time.

Baez stated that the 32 people whose documents were released were being called and warned that the defense would be calling them.

NeJames objected that this was information not in evidence. Baez countered with... like Mr. Longo's statement?

Baez then went on to claim that NeJames was injecting himself voluntarily into the case and holding news conferences.! Nejames objected that there was no relevancy. Baez sites a press release inviting reporters to his office where he stated there was standing water where the remains were found.

Strickland pointed out that he was commenting on the evidence and NeJames spoke next. He explained his role as attorney to TES and was obviously not pleased with Baez's terms that he "injected" himself into the case. He said Baez' statements were "dismissive" and "incorrect".

Strickland then pointed out that this was not in front of a jury and that he wasn't concerned although there were millions of people watching! Judge Strickland sure knows how to get to the heart of the matter.

Baez got up and started pacing and talking again. Smack down from the judge was that he (and NeJames, probably) were just griping.

As the judge calmed the tension level in the courtroom, Baez stated that the facts were clear. He believed that they are entitled to the information and that there was no privacy issue since Conway had inspected all the documents as well as the State. He pointed to information he was getting a year late (Joe Jordan's e-mail). He asked why anyone would have a problem with his uncovering "the truth"! Add on lack of cooperation! Everyone is out to get the defense (in my own words).

I must say, this is good defense attorney rhetoric here...

Here is my favorite line from Mr. Baez He states that...

...they're trying to kill Ms. Anthony, and we're trying to save her life here, and we can't do it if, if we're handcuffed at every twist and turn we take!

Baez suggested that the defense get all the documents UNDER SEAL. He could copy all the documents and get any clarification of documents by going to NeJames' office. Baez stated that the defense hadn't leaked any sensitive information in the case. (As in the photos of the remains). The defense has a good track record on this.

NeJames quickly replied that the judge had already done the balancing act on the issue and that they had not seen any new case law cited in the motion. He indicated that the release of information does and could cause harassment of people who were nowhere near where Caylee was. He essentially said the judge had already ruled on the system that would work the best. The door had been open for many months and was still open. He also added that he wouldn't want the state to pay the financial portion of his motion.

With this information, the discussion of the motion ended.

There was other discussion involving a motion Jose Baez had filed to unseal the Joseph Jordan audio tape which was acquired illegally. The judge had not read it yet, although there was some discussion about it.

Linda Drane Burdick indicated that if the judge ordered it unsealed, it would force the States' Attorneys to commit a 3rd degree felony.

Cheney Mason mentioned something about a decision that it would not be so. Drane Burdick responded that if there was such a ruling, she would like to see it. Nothing was decided about the issue in court today, I'll spare you the details until we see the motion and hear the arguments.


Late this afternoon, Judge Stan Strickland denied the defense motion. In his decision, he stated that:

Having now reviewed all of the exhibits submitted, this Court sees no reason to modify its original Order of August 27th, 2009. the files are still available for review at the office of Mr. NeJames, and, if flagged for review and no agreement can be reached, this Court remains able to schedule an in camera review followed by a ruling.


Raw Video Part 1
Raw Video Part 2


shari said...

One has to hope that Casey is seeing that Baez is NOT doing a very good job at lawyering. Cheney Mason is really going to have to save his "arse". NeJame is a very emotion laden lawyer when he believes he is in the right (and in this case, he is) I am glad Strickland ruled the way he ruled. It shows Baez as the inept lawyer that he is. Baez is sooooo in over his head and trying to make a name for himself. Unfortunately, the "name" is not going to be very flattering.

ritanita said...

Shari, I'm a little confused by your parenthetical statement that Baez is right!

I understand that Cheney is one to prefer plea bargains!

Wonder if Casey knows that?

FRG said...

Thank you very much for your article, just love them.
Boy oh boy! I just wanted to smack JB today! More tax payer money wasted and court's time.
As far as JB now to be stating at any given moment "they (State) want to kill my client"... I believe he copied that from Lyon and LKB, IIRC they started this BS.
CM didn't impress me. KC had her icy look and once more she ignored her parents.
We will be reading KC's letter tomorrow I guess, according to JB she was writing about food. I believe those letters could confirm KC's narcissism, I want to read if there is a line written about how much she misses her daughter and she wants her murderer to be caught. Wishful thinking right?

ritanita said...

Well, FRG, today was quite volcanic, but the judge stayed by his original order.

If Baez & Co. had taken the time to review the documents before filing a new motion, they might have had more to argue.

As for the letters, I doubt there will be any bombshells, but there will be quite an idea of how the mind of Casey Anthony works.

katfish said...

Thanks for your summary of the hearing today. WFTP kept cutting out so I ended up watching on InSession and put it on the dvr so I could go back and look.

Why InSession can't show some of those commercials before or after the hearing is beyond me, it's not like they do anything but rehash over and over during those times.

Sorry to be so whiney....I just went back and watched the hearing before I came here and have a headache now. Between JB's disjointed presentation of his own motion and Ryan Smith's inept coverage in between grrrr, ERASED and took some ibuprofin! Ryan Smith referred to Tim Miller as Tim Madsen or something like that who is employed by TES....then called Brad Conway, Dan Conway and said TES found Caylee's remains. Does he follow the case at all???

One thing that came out of this hearing is Joe Jordan has some splainin to do when he gets on the stand. He must have decided he didn't want to go under oath quite yet when he didn't show today.

Thanks again, I appreciate your summary and again, sorry to whine....I do feel better. LOL!

ritanita said...

Poor Katfish! The feed was spotty at a number of stations. When I was originally watching, I had a somewhat better feed. Unfortunately, the only one I had to accompany me while I wrote was WFTV. So, I had to line it up with my DVR'd InSession. I didn't listen to Ryan Smith, but did enjoy Jean Casarez taking over in the afternoon!

I agree with you about Baez. Also, I don't think it's a good idea to file a new motion BEFORE attempting to obey a court order.

Anonymous said...

IF and that's a big word, Caylee's remains were moved, that doesn't prove that she didn't kill her. It would just mean that she had help. It is just ONE searcher's opinion.

FRG said...

Since we don't know the defense's theory but it seems to me they have found what they wanted to, many confused searchers that are able to twist the truth for their 15 minutes of fame which it's unbelievably sick, this is about a little girl murder. I don't know if my reasoning is correct but it's getting clear that they want to cause reasonable doubt saying Caylee's body was placed in the swamp area where she was ultimately found by someone else. To me it's the direction they are going for. I don't know who are the defense's entomology and botanist experts, but it seems to me defense will put their experts to twist the FBI's experts reports and throw "smoke and mirrors" with their witness testifying they searched the area where Caylee's remains were found and she wasn't there. Good luck on that.
Ritanita, I don't know where you live but I have palmettos plant in my yard (live in FL), got rid of 3 big ones and I am telling you, you easily can hide a small body of a child and completely miss it. Plants and weeds grow so fast in FL and there was plenty of rain in 2008 with tropical storm Fay, then the sun.
I read the scientific reports and I believe you did as well, and Cayle's body never moved, just scattered by predators, so sad. There is so much circumstantial evidence pointing to KC that she will never walk free again. IMHO
Ritanita, I watched the hearing at Orlando Sentinel and it was mostly good.

katfish said...

Ritanita, I know I wasn't the only person who experienced problems with the feed. Thanks for the sympathy all the same. ;)

Jean Casarez does a great job in the commentators seat, she is a class act.

I probably shouldn't be so hard on Ryan Smith but for cripes sakes will someone give that man a cheat sheet. I'm pretty sure there aren't cliffsnotes out on this case yet, but perhaps someday when this case is a subject in law school. LOL

Your commentary and excerpt from the hearing:
"Suffice it to say that I have never seen Mr. NeJame so exercised! His voice kept getting louder and louder as he voiced his opinion of the defense team's efforts to identify important, crucial even, material for their cause.

Finally, he shouted: COME BY TO MY OFFICE! AFTER COURT! as he looked towards the defense table.

At that point, the judge commented and Mr. NeJame apologized to the court. Baez just smirked."

I think Mr. NeJames got the last laugh on this one (if it were funny)when Judge Strickland ruled pretty much verbatim to NeJame's motion in his order.

I have faith that justice will prevail....eventually.

ritanita said...

Yup, Katfish, NeJame must have it up to here with Baez & Co. He probably knows them a bit more than he'd like to, having spent a decent amount of time trying to corral Cindy and bolstering George through the grand jury hearing.

FRG, I spent a lot of time in Orlando, Alachua, and Tampa when I was younger and had family there. I am way too aware of the swamps and bugs.

Since all the jurors will be from Florida, let's hope they are from areas that have the same types of swampy areas with palmettos, heavy plant growth, and animal/insect life.

Those searchers went through all of that and they probably wouldn't have seen the tiny bones for the plant growth and flooding.

shari said...

ritanita, I meant NEJAME was right.....lord help us, Baez hasn't been right yet! LOL the jailhouse letters are being released right far Casey is accusing Lee and her father of sexual, emotional and mental abuse. This girl certainly loves drama as long as it brings her attention.

ritanita said...

LOL, shari!

I was out all day and am just starting. I decided to read the reports and interviews first. They contain the outline of the whole thing.

I checked out the letters and I don't know if I'll ever get through them.

I'm glad I focus more on the court action. I can't deal with this stuff too much!

Did you know there's an interview with Krystal Holloway (Rivier Cruz) in the reports?

Sounds like she and George had a "platonic" affair. It's just as emotional, though.

shari said...

ritanita, poor River is another Anthony victim. Lord knows how many more will turn up by the end of this mess....thanks for the courtroom stuff..that's where I get so lost I need a GPS for my brain.

LindaNewYork said...

Great recap of the hearing!

kellygreen said...

Ritanita, when I search for facts, I turn to your posts. You are the best! So many sites don’t give a whit about the facts, they respond solely to the emotion of this case.

I nearly went insane watching Baez prance around the courtroom. If I were sitting on a jury of a case in which he’s the attorney, I’d ask the judge for an extended recess so I could go visit a shrink—cuz I WOULD NEED MEDS FOR ANXIETY! I cannot stand and have absolutely no respect for those who waste my time. Nothing frustrates me more and makes me angrier than an unprepared, unorganized, and arrogant know-it-all, disrespectfully prancing around a courtroom while wearing a snide smirk on his face.

Keep up the good work!

Anonymous said...


Casey’s defense team has filed a Motion to Disqualify Trial Judge (Stan Strickland)!

Further info can be accessed at:


Motion: http:/

The charges appear overly broad but may indeed compel Judge Strickland to recuse himself.

BB12-Chris said...

Maybe when the defense team filed that motion about the blogs/media being bias and Casey not getting a fair trial they should have added Mr. Mason’s own comments to their exhibit! Defense attorney Cheney Mason said “claims made by Casey Anthony and Baez that Caylee was alive will now work against them at trial.” ”Then all the talking, all the press interviews and the parents going on this show and that show and the lawyer going on different shows establishes they have NO credibility whatsoever,” “You can pretty well predict there’s going to be a life sentence, either a plea and get it over with or have a circus trial and then be convicted and get life,” Mason said.”

Defense CLUE #1 Quantcast. DOES the defense even know what this is? These idiots (DEFENSE) fought against a gag order! AND GOT PAID ENTIRELY BY FUNDS PAID BY THE MEDIA…They have opened the door to efforts to maximize coverage…They would do better to run their options through the magic eightball. Andrea Lyons, who is first chair, does not appear on that motion. Cheney Mason "Notary" is expired. Jose make critical errors and claims. Their PI distorts reality.
Quantcast is a media measurement, web analytics service that allows users to view audience statistics for millions of websites. Quantcast Corporation's prime focus is to analyze the Internet's web sites in order to obtain accurate usage statistics.

BB12-Chris said...

have the picture snap shot of Jose website where he brags of winning 32 out of 34 cases but I do not know how to post it. Send an email and I will forward it to you. Jose has since removed it from his website since it was proven false.

Note: Jose did not try 32 cases- there is no record of these 32 out of 34 cases. Maybe it was a class assignment. Jose handled DWI-drug cases. No trial experience except one and he lost.

Jose dropped out of high school in the 9th grade so somewhere along the line he had to have gotten a GED and went to night school.

In 1997, Baez was a student at a lowly law school (St. Thomas, ranked 182nd in field of 185 US law schools).

He then took 8 YEARS to pass the bar exam (in 2005).

NO bona fide trial experience looking back to 1997. Jose tried to pass off his 1997 STUDENT work experience as legitimate PROFESSIONAL experience on his website in 2008, and has removed it 2009. Such misrepresentation is grounds for disbarment in Florida.

For eight years after Jose B. graduated from law school, however, the board that screens prospective attorneys in Florida would not let him practice law. The Florida Supreme Court agreed with the decision, issuing an order in 2000 that cataloged unpaid bills, extravagant spending and other “financial irresponsibility” up to that time. Justices reserved their strongest condemnation for his failure to stay current on support payments for his only child.

His overall behavior, they wrote, showed “a total lack of respect for the rights of others and a total lack of respect for the legal system, which is absolutely inconsistent with the character and fitness qualities required of those seeking to be afforded the highest position of trust and confidence recognized by our system of law.”…ny-florida-bar

ritanita said...

BB12-Chris, I've seen those documents, in fact they are printed up in my files for Baez.

I believe that the cases Baez supposedly "tried" were removed from the site because he was a law clerk at the time and not admitted to the bar. He may have WORKED on those cases, but was ineligible to try cases at the time.

Thanks for posting!

I have been on a mini-vacation from the case for a while since it is prime gardening time for me and being outdoors is more important than reading Casey's drivel.

Well, vacation's over! I'm working on an article about the motion and I hope to have it up by Monday.

In defense of Baez, he did pass the bar the first time round. His problem was that the bar wouldn't admit him for those 8 years due to the reasons cited in the Supreme Court decision you quoted in your post.