Tuesday, September 14, 2010

Defense Introduces New Attorneys; TES and Defense Make Stipulations

This morning, Jose Baez and Cheney Mason held a press conference at Baez' Kissimmee office to announce two new additions to the criminal defense team and a new civil attorney for Casey Anthony.

New to the team are Dorothy Sims, an Ocala attorney who will work in the questioning of scientific experts and Ann Finnell, of Jacksonville, a death penalty expert.

It would seem that the defense team is back up to steam with Sims taking the role of former defense attorney Todd Macaluso and Finnell that of Andrea Lyon.

Charles Green of Orlando is the new civil attorney for the Zenaida Gonzalez lawsuit. He replaces Jonathan Kasen of Fort Lauderdale. The new attorneys will be working pro bono.

With the newly configured defense team in place, let's hope that the defense will have an easier go of completing their depositions on time and be well prepared for the trial in May. Casey has the right to a competent defense in her death-penalty case. Let's hope there is no more need to change the team at this point.

TES Document Filed

Dated September 9, 2009, the Joint Stipulation Regarding Defense Review Of The Documents In The Possession Of Texas Equusearch lays out an agreement between TES and the defense concerning the review of the thousands of documents relating to the searchers who worked through the heat and discomfort to try and find Caylee Anthony. Judge Perry executed his order on September 11, and this is the final word on the process.

I hope that this is the last we hear of this entire issue and the process goes smoothly.

Signed by Cheney Mason and Mark NeJame, the document provides a strict outline for the process. Hmmm... it was signed in Baez office, but Baez didn't sign it?

The stipulation begins by briefly reviewing the situation with the searchers. The defense wants to know the ground conditions at the location where Caylee's remains were found. They had been previously given the names of 32 searchers who had been within 50 yards of that spot.

The defense wanted to contact other searchers to see if they had been in that area on their own or with TES. To protect the privacy of the searchers, the following procedures have been agreed to.

If the defense finds a searcher they wish to question, they will be permitted to call them in the presence of the TES representative and counsel as well as the special magistrate. They will only be permitted to ask the following questions:

A TES representative will be present at all times and TES counsel is also permitted to be there. The documents will be brought to the location (probably somewhere in the courthouse) each day and removed at the end of each day by the TES representative.

1. If such a search occurred, when did the search occur,
2. If such a search occurred, was it a part of TES or done independently,
3. If such a search occurred, who was involved in the search with them,
4. If such a search occurred, an inquiry would be made as to what was observed and what
occurred during the search at or near the Suburban Drive area.

If the defense feels that more information is needed for a searcher after the call, they will receive the form. As with previous agreements, the names of the searchers will be kept confidential.

The rationale for this change is clearly explained in the document.

This procedure eliminates the need of note taking by the defense, other than identifying those searchers who were unable to be reached for further follow up, unless a call identifies a searcher who has relevant information concerning anyone who has information as to who may have searched the Suburban Drive area. If a searcher indicates they were not in the Suburban Drive area then their information shall not be released further to the Defense and the Defense is not permitted to secure or leave with any of their information.

So, that being apparently settled, I'd like to add some of my own opinion about this phone call business.

I taught secondary level students for over thirty years and one of my favorite duties was "phone duty". I would be given a list of students who hadn't shown up at school and who hadn't had a parent call in an absence. For an hour every day, I'd be on the phone, calling the parents of these students to let them know their child was absent. I'd call the home phone number first. If I was lucky, the student would answer the phone and admit they were "skipping". Much of the time, there would be no answer. Second on the list would be the workplace of a parent. Third would be the other parent, if available. I would have two to three numbers for every student and they all lived within a specific area. 90% of the time, it would take two or three calls to contact someone. In the other 10%, no contact could be made.

My average number of contacts per hour was about 10. Now, the TES documents will most likely have phone numbers, and people do work. With approximately 4,000 searchers... and assuming the defense will try to contact them all, what are the odds? And of those that they contact, how many will say they searched Suburban Drive? It's a needle in a haystack situation!


Ann Finnell joins Casey Anthony defense team
New Casey Attorneys Taking On Case For Free
Accused Killer Casey Anthony Expands Defense Team

Press Conference

Part 1
Part 2


Anakerie said...

"Let's hope there is no more need to change the team at this point."

The only change in the duhfense team I'd like to see at this point would be for Baez to take a step backwards and let a "death qualified" attorney take over as "lead attorney". Baez could be their "media" guy or whatever but as "lead attorney", he's going to be a prime excuse for an appeal because he is not a death qualified attorney.

ritanita said...

Anakerie, you are so right about that. He is literally the junior partner on the team and trying to be the leader.

It's all about ego.

Anonymous said...

What a bloody waste of time. What happened to Linda Baden, I thought she was the forsenic expert. Other than finding Dr. errors in Social Security Disabilty and Workers Comp what is her expertise. Has she actually cross-examined in a court room environment? Don't get it.

Anonymous said...

Kathi Belich...Gotta love her.

shari said...

I am supposing that this also means Linda Kinney Baden is also off the team or why else would they need someone who can question medical and scientific evidence. It's funny how when the press coverage is raw and all over, the so called "dream team big guns" are right at the camera..but when the money and fame are gone, so are they. Apparently, from a lawyer friend, Baez has to remain "lead" atty. because he was the 1st one Casey hired and only she can dismiss him from the case.

ritanita said...

According to Baez at the presser, Linda Kenney-Baden is still on the job. From what I can figure out, Sims will take on the role Todd Macaluso had. He was also a mainly civil lawyer who specialized in cross-examining expert witnesses.

Shari, I don't think it was the suggestion that Baez leave the case, but rather to step back as "lead" attorney and let someone more experienced direct the defense. Remember the budged hearing last spring? When Cheney Mason questioned Baez and asked if he was the lead attorney, Baez answered "for all intents and purposed". The reason he didn't say a straight out yes is that he is not death penalty qualified.

FRG said...


Thank you for the article!!

Pro-bono means release of books, movie deals, documentaries, etc. We all know these lawyers want something in return and it is $$$. Should I believe they are working out of the goodness of their hearts? Don't think so.

As far as the conditions of the area where caylee's remains were ultimately found, I heard CM stating to the Media that it was under water when TES searched the area. Is it some sort of a joke on CM's part? I don't know about you guys but I get so sick to hear CM flip flopping that it is not funny!!! How far can a lawyer go? Where are their ethics? They never cease to amaze me with their BS.

You bet the defense be making 4,000phone calls, when I say that I mean JB's students. Roughly it would take 33 days for 5 people to make 15' phone call (working 6 hours a day) to every searcher (4,000) if I did the correct math.

These new lawyers can say whatever they want to the media... "junk science" whatever... let's see in court, in trial. There is so much circumstantial eveidence to support that caylee's little body was in KC's car (trunk) that any person with a little of a brain will connect the dots. KC's defense is about "smoke and mirrors". IMO

ritanita said...

LOL! FRG, you ask some wonderful questions and make fantastic remarks.

They may want to phone all 4,000, but I doubt they will be given a phone bank for a bunch of students under those controlled circumstances. NeJame has agreed to let them fish without a fishing pole!

FRG said...


Thank you!!! Blushing now!!

Well, if JB's students are not making phone calls then it will take JB and CM 83 days to make 4,000 phone calls, 15' each searcher, working 6 hours a day. Wow, did they do the math? *wink wink*

Did you notice that CM and JB make things are on their side but we all know that they call press conference to "twist" the orders that JP has signed. Defense might think we are that "naive" and don't read JP's orders!!! H-e-l-l-o!!! We are in FL and it is all public records. Don't you just love Florida's Sunshine Laws??? I know I do. LOL
We gotta love Mr. NeJame.

FRG said...


Guess who was a guest on ISSUES yesterday?
Yep, Jose Baez!!!
Mr. Boedeker told the guests on ISSUES are paid.
Here is the link to what JB does best "to whine" on National Media.


FRG said...

I would like to apologize, Mr. Boedeker told me today that HLN doesn't pay for interviews. A while ago he said IIRC the guests were paid, but I may have misunderstood... so I stand here corrected, sorry.

FRG said...

Did you read this Notice Of Inspection? Good Lord, defense will have 2 days and total of 12 hours to inspect TES searchers records. Good luck.


Anonymous said...

Ms. Sims wants the truth from the medical experts. What does that say about having Dr. Lee as an expert witness. I remember the Phil Spector case and all the defense medical experts were paid the big bucks to slant the truth including LKB's husband. What a joke? Dr. Lee's finger nail fiasco is not going away Mr. Mason.