Baez began by reading (on his iPad) what the defense had claimed concerning Brad Conway and the State's Attorneys access to the documents, that they were able to have unlimited time and were able to take notes. He then went on to refer to Conways's actions the prior week as a "sideshow" and that he "had a case to try" and was far to busy to deal with this stuff. He then made an interesting comment that the ability to tab documents was equivalent to taking notes!
If that were true, then I wouldn't be at all worried about the judge's written ORDER which was dated August 19, 2010. Unfortunately, that doesn't seem to be the case.
In the order, Judge Perry stated that his previous ORDER ... dated July 21, 2010 shall remain in full effect in its entirety except for the following additional restrictions:
a. Any and all notes, names of searchers or any other information contained in the TES files, obtained during the inspection with Magistrate Glatt and the Defense, may not be released or disclosed directly or indirectly to the public or to the media by the defense. (bold mine)
This is what NeJame had asked for in his previous motion. I'm sure he realized this was necessary if the defense were to have additional access to the searchers' names.
b. If the Defense identifies what is (sic) considers to be relevant or material searchers after its inspection and investigation, then the attorneys for Texas EquuSearch, the State and the Defense shall attempt to determine whether disclosure of the documents should be released to the Defense. If an agreement cannot be reached, then the identified file or documents shall be tabbed and brought before the Court for a hearing subject to the conditions set forth in the previous Court Order.
This provision adds one more layer onto the review process. In the original order, the State and Mr. NeJame will have a chance to voice their opinions concerning the documents prior to them being tabbed and given to the Special Magistrate.
c. That the location of the review shall be mutually agreed upon by the parties and counsel for TES. TES has agreed to bring the files to the agreed upon location by the Defense and Magistrate Glatt.
Obviously, the defense had a hard time being in NeJame's office to review the documents. Now, the game will be played on neutral territory. Let's hope things go more smoothly now.
In the presser, Baez also stated that they couldn't get into the details of the meeting because it's under seal.
After reading both orders, I must say that there is nothing under seal that relates to the review of the TES documents. I dare say, much of what is under seal is the "spanking" the attorneys received for all that bad behavior. How I wish the fly that was on the wall at that meeting could whisper in my ear!
It's clear that getting rid of Judge Strickland didn't benefit the defense at all. This was the last item in the motion the defense made for "do-overs". Judge Strickland's ruling still stands with the exception of the notes.
Cheney Mason summed up the defense stand on the issue by saying that the the issue is now "moot" and there is no need for a hearing. I'm sure the defense was glad there wasn't a hearing in open Court!