Saturday, August 21, 2010

Casey Anthony vs. TES: Perry Issues New Order, Second Verse, Same As The First

On Monday, August 16, 2010, Judge Belvin Perry summoned defense attorneys Jose Baez and Cheney Mason to his chambers for a meeting with the prosecution attorneys and TES attorney Mark Nejame. When it was all over, Baez and Mason held a PRESS CONFERENCE somewhere in the courthouse. The majority of the session was purely the defense spin on the meeting with both attorneys claiming a victory.

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!


FRG said...

Thank you, thank you, thank you!!!
Great article!!!!
No reprimands in Judge Perry's Order, disappointing!!!
I was pretty sure and I didn't know why that their press conference was a total "BS". Conway was on Today Show and CM and JB had to put their faces in front of the cameras and say something so they could feel better since they got their egos hurt. Pitiful!!!! JB and CM are a farse.
Boy oh boy, JB has an iPad now... seriously??? Now he can bring his iPad to show off the photos he took on his vacation to Europe to KC. JB knows his priorities for sure. LOL
So, the inspection has to be completed by August 25, 2010 right? Today is the 21st... so I assume that in the next hearing (Aug 30) we will know what's going on. I am almost sure they will get more searchers names to thow them under the bus.
BTW, so far nothing from the Anthony's camp, scary!!!

ritanita said...

So far, the deadline is August 25. Technically, the defense had time since last Monday to make the arrangements since the judge negotiating the terms that morning.

I wouldn't be surprised to see the defense ask for an extension on that deadline.

I really didn't expect to see a reprimand in his order. Judge Perry has made it very clear that he will avoid having lawyers squabble in open court.

Something else is very interesting here. In all the time the defense has been asking for the documents, they have never had a positive ruling on any of their motions! What we have here is a negotiated agreement, essentially the one made in court by Judge Strickland over a year ago!

If you want to read some history of the TES motions, read this article I wrote just over a year ago:

Unknown said...

Great article-thank you! For some reason the local media seems to think this is "new", and implies a win for the defense. I don't get it. Aren't they paying attention?
Ir made me angry enough to email 2 of them. Hopefully they will all read your blog.

FRG said...

I just read the old article you provided the link above, very good reading, it refreshed my memory, thank you.
So Joy Wray was mentioned in the Motion filed by AL, very interesting to say the least.
So far we have Laura Buchanan which was to be deposed last week and JW stating they were in the same area where Caylee's remains were ultimately found. Joe Jordan took back what he told defense, I am not sure he was deposed, do you remember?

I am not sure defense would put JW in their witness list, would they be crazy enough? If they are desperate enough, I shall say. LOL

Now we have to wait and see what defense will come up with and who is the next searcher to be thrown under KC's bus.

You know what I think it is sad... TES spent all of its resources in the search for Caylee and Tim Miller was never thanked for his arduous work. That's a shame!!!

ritanita said...

Katherine, I think the media WANTS all this to be new, but it isn't! I dislike that practice.

FRG, I just checked out the latest version of the State witness list. Joe Jordan and Joy Wray are both on it. I don't think Jordan has been deposed (it's not something I keep track of), but it's clear what side he's on.

As for Joy Wray, I doubt she'll ever testify for any rason at the trial.

The State has to put every possible person who could testify on the list, but not all of them will appear on the witness stand.

kellygreen said...

Great article, Ritanita!

If only we could just find those pesky flies that were hanging on the woodshed wall....

I'm sure between Monday and Wednesday, the defense will tip-off the press as to where they'll be reviewing the TES files. Undoubtedly, as soon as the press arrives, staged and righteous indignation will follow.

Anonymous said...

how much "rope" will the judge allow the defense before he "tightens the knot" and puts a stop to the sloppy, non sensical accusations coming from the baez defense and get them "back on track?" Is there no end to the shenigans of the defense, and will there be a "legitimate" defense to be heard at time of trial?

shari said...

Thnx ritanita and sprocket for keeping up with all this. After time goes by, it's hard to tell what is a new ruling and what is a re-hash...your clarity helps this old brain remember a little better.