Friday, August 13, 2010

Mark NeJame Responds to Baez and Mason

I just got my hands on Mark NeJame's Reply to Defendant's Response to Motion to Quash the Court's Order on Defendant's Application for Subpoena Duces Tecum for the Documents in the Possession of Texas Equusearch Based on Bad Faith. Since Mr. NeJame doesn't "leak" his motions to the media prior to them being filed with the Clerk of the Court, I had to wait for Muzikman to post them. Thank you so much!

In his reply, NeJame begins with some very pungent language to express his opinion of the defense reply:

It is apparent that the Defense response is little more than a smoke screen devised to cloud and obfuscate the real issue at hand...

He then clearly explains TES's position:

...the documents in the possession of TES are no longer relevant to the Defense since Mr. Mason has publicly acknowledged in a television interview to a variety of media outlets that no searchers were able to search the exact area where Caylee Anthony's body was ultimately found.

NeJame thoughtfully included exhibits of that statement, one a page in huge bold type of Mason's statement:

Uh, yeah, it's been, the public has been made to believe that these people searched the exact area, um, where the body was, or tried to and couldn't. The fact is they didn't try to, and they didn't, they weren't there, and it was impassible at the time. So there's a lot of people who are mistaking things of what happened back in the summer of 2008 and what happened in the Winter of 2008.

He also includes a disk which I assume contains a copy of that particular presser.

NeJame also says that it was the defense's previous position that there had been TES searchers at the exact spot, which is the reason Judge Stan Strickland accepted the TES recommendation that the only the names of those searchers within a specific distance of that spot be released to the defense.

Now that the defense has changed their stance, as indicated by Mason, the TES documents are not relevant at all to the defense. That's what his entire argument was in his original motion filed with the court, and it is the only argument he puts forward here. It is plain and simple and based upon Cheney Mason's own words.

It is so simple, it puts to shame Mr. Baez' response which I attempted to dissect in my previous article. I don't know why I even bothered. I was replete with lack of logic and clarity. It was mainly a smear job of Mr. NeJame.

In his response, NeJame gives Judge Perry the facts as he sees them.

In his response to Cheney Mason's version of events the day of the document review, NeJame tells the judge that the behavior by the Defendant's counsel was the "epitome of unprofessionalism".

He states that he did not attend the session "in order to preserve order and allow the Defense counsel in an unobstructed manner to focus on reviewing the documents..."

He did have another attorney, Ms. Balani in the office in case there was a problem. That attorney, to allow them to view the documents without an attorney present, went to another room. Bill Fitzgerald, the TES monitor was informed she was available.

As for the two boxes Fitzgerald did not allow them to view at the time, because he thought they were TES administrative documents, Mason had him sign a document stating they could not inspect them. Fitzgerald added "at this time". Instead of conferring with Jalani or himself (he was on phone standby), the defense "stormed out... spewing and sputtering rude and untrue comments...

Oh, and by the way, those documents in the two boxes were indeed administrative documents which had nothing to do with the searchers.

NeJame again points out the long delay of nearly eight months before the defense ever came to review the documents and that the only reason they want them all is to harass the searchers and create "spurious appellate issues".

Next, NeJame discusses the issue of the waiver we read all about in Cindy and George Anthony's letter. As a former educator, Mr. NeJame gets an A+ for colorful adjectives:

4. In the Defendant's response they falsely claim that the undersigned compelled a waiver of conflict from Mr. and Mrs. Anthony in exchange for allowing their attorney, Brad Conway, to review the TES files. In the time that the Defense took to write this ludicrous and untrue response, they could and should have performed their due diligence and contacted Brad Conway, attorney for George and Cindy Anthony, who would have informed them that these allegations were frivolous, untrue and lacked any measure whatsoever of truthfulness or veracity...

There's more there, but I know you will be reading it all!

NeJame then goes on to blast the defense's apparent "flip-flop" by Mr. Cheney in the presser. Again, as a lover of language, I must quote a bit of it.

... The claim by the Defense that this was "mischaracterized" is nothing more than a shabby spin and feeble attempt to minimize the contradictory and dueling statements that have been made by Mr. Mason and Mr. Baez. The Defense Response is simply a ploy to fix their self-induced and self-inflicted mess.

And what a mess this whole TES issue has been!

NeJame went on to explain the comments by David Lohr. He said it was an apparent misunderstanding of what had been said. According to NeJame:

(the discussion) was regarding the general opinion from seasoned and experienced attorneys and undersigned counsel's opinion that a competent attorney should have and likely could have worked towards a plea deal that might have possible secured a deal for 10-15 years for the Defendant, prior to Caylee being found, so long as the Defendant led law enforcement to where Caylee was and truthfully told what happened to her.

That possible deal would have been impossible once the body was found.

Before his closing statement, NeJame hopes that if more names are given to the defense, that they not be released to the public. Likewise, the names of the 32 searchers should also not be made public.

Again, NeJame asks the judge to quash the subpoena.

Let's hope this motion makes it to a hearing. It would be well worth watching.


donchais said...

I'm not sure there will be a public hearing, lol.

Think there will be one explosive meeting in chambers though!

FRG said...

Thank you very much for you beautiful article.
Yes, defense's response was a mess, they didn't make any sense on their accusations to Mr. NeJame. What were they trying to accomplish?
Now, Mr. NeJame's exhibit was a major slap in CM's face. it seems to me that CM should stay away from the microphone.
I am looking forward to the hearing on this issue but maybe Judge Perry will rule on this without a hearing. We will see.
Mr. NeJame rules!!!! Go get them!!! LOL

Sprocket said...

Did anyone see Georgie and Cindy on the Today show this morning?

What was all that nonsense that Cindy was spouting that she still has "questions" about the DNA test and remain's being Caylee's? WTF?

Anonymous said...

With some people, the more information you give them, the more "questions" they have.

David In TN

shari said...

Cindy atill states that she doesn't believe the bones are Caylees. She must be living in Fantasyland. As for NeJame, what a class act he is! Cheney Mason needs to THINK before he speaks

kellygreen said...

My Dad taught me there are just 3 rules I need to understand; and by following these 3 rules, I can get along with everyone. Afterall, these 3 rules not only allow me to measure the character of others but also allow others to measure my character.

1. EVERY action has a consequence—good or bad.
2. People NEVER change—only their circumstances and opportunities change.
3. If you don’t treat people decently, it does not matter if you are right or wrong.

Right now, I’m thinking the defense team is wishing Cheney Mason kept his mouth shut—yes, as a consequence of his ill-timed presser, CM let the world in on the truth—the defense has no need for any TES records. Nevertheless, by filing silly requests for unneeded TES records, they continue to waste the courts time and resources—yes, they foolishly expect Judge Perry to overrule Judge Strickland’s orders—a second bite at the apple, if you will. And in keeping with the manner in which they treat everyone not named Casey Anthony, they continue to relentlessly harass and bully others: TES, Tim Miller, Mark NeJame, Jesse Grund, Ray Kronk….

ritanita said...


I'm remembering that the judge was going to have a hearing about the Robin Lunceford tape. Baez kept submitting more and more "spin" in subsequent replies that Perry apparently decided he had enough information to make a ruling without a hearing.

In this case, we are also seeing more and more information as the battle goes on between Baez & Cheney and NeJame. Perhaps the judge will just go ahead and rule. The big difference her is that it's a he said/he said argument.

I guess we'll have to wait and see!

ritanita said...

FRG, kellygreen,

I'm right there with you! This whole hot mess is an embarassment to the defense. They are street-fighting with a judge who follows the Marquis of Queensbury rules!

kellygreen, your father was a wise man!

ritanita said...


I put the 53 minute version up first thing in the morning and by the time I shut down, I had only been able to tolerate about 5 minutes worth in 1 minute segments.

Cindy's comments about the forensics was laughable at best. I think she had some fine coaching along the way. I just wonder who told her what to say!

From what I've read about the interviews, she contradicted herself all over the place about the 911 call.

Seamus O'Reily put up a long article about George and, if you scroll down a bit, some more about Cindy with a bit of George tossed in. It's a fascinating read which confirmed by own suspicions about what I heard.

Swift Justice said...

Did I see C & G on the Today show?
You bet I did....and again my head was spinning like a top. I honestly think these 2 are beyond any professeional medical help. They are somewhere on another planet. Here we have once again Cindy flip flopping with her 911 call: 'I wouldn't change a thing. THEN in another interview: I regret saying that.
Then we have - Caylee is still alive statement from Cindy, but she wears Caylee's ashes around her neck....and she even showed the framed Death Certificate to the NBC reporter....WHAT??? Talk about sick people!!!!
I hope Cindy and George stare at that DC and realize that Casey was the cause of that Death Certificate.
Next came the words from Cindy regarding Caylee's murder.....maybe
Casey Panicked.....WOW...MAY I REPEAT THIS.....WOW.
Oh yes, both G & C know that Casey murdered Caylee and that was the closest they ever came to saying those very words.
However, Cindy thinks Casey will be home after the trial is over and she will be working at the Foundation they began several years back.

Message to Cindy::

FRG said...

I heard the entire interview, I just couldn't believe Cindy put her spin again but at this time I believe she will regret some sentences she said like this one:

">> Can I see that Casey panicked? maybe something happened? I can see, you know, something happening."

The more Cindy talks the more damage she causes. Did you notice Conway was not there? He can't prevent Cindy to open up her mouth so why bother? We will hear more from her and this is for sure.IMO

Yep, Cindy's comments about the forensics were laughable, who does she think she is fooling?? Just herself.

George is pitiful in his assertions. He was a gambler and a loser before, what was he talking about? KC despises him. He sat far apart from Cindy. There is no lovey dovey (is that the way we say it?) between them, I bet.

Why can't they just shush??? At least they give a lot of material for us to talk about. LOL