Wednesday, August 25, 2010

Jose Baez and Cheney Mason ask Judge Perry to ENGAGE THE CLOAKING DEVICE!


Today, August 25, Jose Baez and Cheney Mason filed two more "objections". One has to do with the visitor logs and one has to do with the release of financial information. Each comes with an example of how the Sunshine Laws are being abused by the Media.

Renewed Notice of Standing Objection of Abuse of Florida Statute Chapter 119.01

2nd Renewed Notice of Standing Objection of Abuse of Florida Statute Chapter 119.01

In the first notice of standing objection, the defense did not only object to the release of information by Corrections (the jail), but also information released by Law Enforcement and the State Attorneys office. The second and third notices add the Justice Administrative Commission.

We will be having a Status Conference next week on August 30, followed by a schedueling conference at 1:30 and 2:00 PM. It will be interesting to know if the judge addresses these at that time.

Here we go again!

Yesterday, Casey Anthony's defense team filed a Notice Of Standing Objection Of Abuse Of Florida Statute Chapter 119.01.

Chapter 119.01, the Sunshine Law which prevails in the State of Florida, has very few exceptions and the defense has tried time and time again to get a judge to seal documents in the Casey Anthony murder trial proceedings.

They've asked for her jail visitation videos, visitor's log, and any other jail-related document to be cloaked in secrecy. Judge Stan Strickland and Judge Belvin Perry have pointed out time and time again that Chapter 119.01 is the Law of the Land there and there are few exceptions. They have also told the defense that they lack the power to rule on jail procedures. They have said over and over again that the Judiciary Branch cannot tell the Executive Branch what they should do. They have informed Casey's attorneys that they must abide by the laws as they exist.

Now, we have the defense boldly stating that

4. It has been and continues to be the Defenses (sic) position that the First Amendment rights of the media must give way to the constitutionally protected rights of the accused, especially when the State seeks the ultimate penalty of Death.

Compare this to the statement Jose Baez made November 28, 2008 when Judge Stan Strickland denied the State's gag order.

Citing U.S. Supreme Court precedent, Baez said the gag order wasn't necessary. "It's a whole lot of hot air and not a whole lot of law," he said, adding "when push comes to shove, I'm going to err on the First Amendment every time." (bold mine)

I guess he's changed his mind now. He states more than once, that the media is abusing the Sunshine laws because

7. The only purpose of this type of coverage is to embarrass, harass and humiliate the accused and poison the potential jury pool.

I suppose that, having prevailed in the gag order issue, the defense feels it has the right to poison the jury pool.

In their arguments, Baez and Mason refer to an attached WESH article which discusses Casey's latest commissary order!

Baez has a much larger agenda here, folks. He wants Judge Perry to order reverse prior rulings!

5. This objection is standing and continuous and the Defense invites this Honorable Court to either reverse and prior rulings as it relates to public disclosure or Sua Sponte order the aforementioned agencies to prevent any future abuses of Chapter 119.01.

It's not going to happen, people. Two judges have ruled and the defense keeps on trying. There is no way Judge Perry will reverse his and Judge Strickland's rulings. The laws clearly state that, with very few exceptions, the public has the right to know. If the First Amendment is good for Baez, it's good for Casey Anthony.

So, were Casey's parents to visit, we will see the videos. Should Casey have an intriguing new visitor, we will see the log records. Should Casey order a new bra, we will know.



donchais said...

Perhaps you should see 'Bones' in sick bay!

My word, he just can't control himself, can he?

FRG said...

Thank you for the artcile!!! Well written!!
You are so right, I find it hard JP will grant this Motion!!
JB and CM are ridiculous, to say the least!!!!
Well, well, well... remember when JB and AL went on National media to taint the jury pool stating that Mr. Kronk should be considered a suspect without any proof to back up? I bet Mr. Kronk felt the same way about the FL Sunshine Law.

Ronni said...

So Mr Publicity Hound Baez now wants records sealed?

Sauce for the goose, Puppy...sauce for the goose!

Anonymous said...

"when push comes to shove, I'm going to err on the First Amendment every time."

Judge Strickland made this remark when the State sought a gag order, which Baez successfully fought.
Then he promptly held a presser announce his big win.
Funny thing - what goes around, comes around.

Thanks for the great blog. :~)

ritanita said...

One thing I do have to say is that I doubt the defense thinks this is going to go anywhere right now.

Baez and Mason are making a record here for appellate issues.

Even so, it is making me crazy to keep reading all of this. If I had seen some sound legal arguments here, I would have had a bit more respect for the defense.

I suppose they are leaving it for appellate attorneys, appointed by the State for the indigent Ms. Anthony, to figure out how to deal with it!

Thanks all for the wonderful comments. Yes, Donchais, thanks for the recommendation to Dr. Bones.

Swift Justice said...

Forget the records and concentrate on Sealing Cindy's mouth with Duct Tape...

When trial begins 5/2011, Moe & Curly will need a backhoe to bring in all their paperwork....

Anonymous said...

Great comments from the above posters!!!

I believe justice will did in the S Peterson trial and even tho it was moved to another county.

Anonymous said...

I want Casey to have the BEST defense. That means getting rid of these circus clowns. I don't want a let's do the trial over again. I want no appealable issues.

But I have just read Mickey Sherman's Book How Do You Defend Those People. I couldn't have taken this case and if I did I would have tried to plea for her life a long time ago. It is questionable whether this is a dealth penalty case or not. Furthermore, even if death penalty were assigned Casey would not be killed for years and years leaving plenty of money mongering opportunities. This circus needs to stop. There is no reasonable defense and the Defense needs to stop muddying the waters and disclose their defense already. Are they not mandated by October to do so?

Cindy & George need to face charges and be convicted quickly so their money train of grandollars stops. This makes me sick that the Internet community stands taller for Caylee than her own family. I'm sure Cindy/George and the clows read here ... I don't care this is my honest opinion and there are alot of people who would agree with me.

If Baez et. al had something to dispute the release of evidence from the State Attornies Office which would favor Ms. Anthony with the potential jury pool that would have been disclosed. Rather we get some airy fairy dispute the forensics crap all on the poor taxpayers dime.

Do what's best for your client and end this bull.... get on bended knees for a plea for your client.

Sprocket said...

Too Funny Title ritanita! TOO FUNNY!

kellygreen said...

Oh, for the love of God, when will it end?

As I see it, the only way for Judge Perry to stop this continuous nonsense is to order Baez, Mason et al to report to court—and order them to bring their personal checkbooks and toothbrushes with them. Until Judge Perry gets them where it hurts the most—their personal wallets—they'll continue wasting ALL the courts resources.

Now, if we can just convince Judge Perry to put them in lockup for at least 48 hours—and oh, won’t they love being the guests of the county jail—then the judge can hit them with hefty personal fines!

FRG said...

Thanks for the update!
I was reading the hinky meter website, Maura and Silver wrote about the latest Motion and all of the others AL has written which from my understanding the sole purpose is for "appellate issues" if KC is convicted showing how the Florida Sunshine Laws have prevented KC to have a fair trial, and blah, blah, blah. All I have to say is that KC has drawn the high profile forensic experts and lawyers for the same exact reasons "publicity", we are not to believe all of them are working pro bono from the goodness of their hearts. So how ironic could this be if there will be changes in the Florida Sunshine Laws if KC is convicted?
My layperson opinion is that Florida open laws are not bad at all in this case. Can you imagine the Anthony's and KC's lawyers running their mouths on National Media twisting the truth not knowing what we know? That would be tainting the jury pool as well.
Well, that's my opinion.

ritanita said...

You guys are right on! The purpose of the Sunshine Laws was to make government transparent to the people who support it... the taxpayers.

I believe government should be transparent. How else do we know what's really happening otherwise? We have too many news articles about corruption, kickbacks, etc.

In the justice system, it keeps all sides "honest" and from keeping "secrets" and applies to every aspect.

These laws make sure the State does not withhold valuable information from the defense and vice-versa. It serves to protect everyone.

The defense would love to cloak the entire proceedings in private to give themselves the opportunity to taint the jury pool without the jury pool having any idea of what is really happening.

FRG said...

Exactly!!! I like the way you put it. It keeps both sides honest, defense and Prosecution. I would not like it to change after all it's our money.

In my layperson opinion KC's defense has no defense so they are just preparing for an appeal, it seems to me.

No matter what KC will have a fair trial, I have faith in our Judicial System and of course Judge Perry.

Anonymous said...

Mea Culpa!

I stated that Judge Strickland made the statement, "when push comes to shove, I'm going to err on the First Amendment every time."

It was Baez who said it, as the article states.

I am very sorry.
Also, I seem to be suffering from a severe case of CRS.

Thanks again for the great blog!

ritanita said...


I do think that you were correct. I'm going by memory for this, but I believe Strickland did say this when he denied the State's motion for a gag order. I've searched a lot to find the video or the Order, but it's going to take a while.

Anonymous said...

Another great article, thanks. I noticed that in 2 out of 3 attachments to above motions had quotes by Jose Baez. I guess he could not find any media example to include that didnt have him mouthing off. I noticed there were no quotes from the State.....

Anonymous said...

Baez is barking up the wrong tree....The Corrections Facility is a part of the Executive Branch of the State of Florida....I believe Judge Perry explained that to him already...his grievance needs to be directed to them......Perry also to Baez that he has no control over the Media.....a bunch of crap for this pathetic little Kut.