Did Linda Kenney Baden Ever Intend to Defend Casey Anthony in Trial?

1 Nov

In our fourth study of the Facebook statement of Linda Kenney Baden, we will explore her statements concerning her commitment to the trial of Casey Anthony.

Ms. Baden’s full statement may be found in the comments of the following linked article.

https://bullstopper.wordpress.com/2010/10/23/is-jose-baez-frightened-of-spicy-peanuts/

“It was important to help the trial lawyers understand and identify the real science and distinguish it from the kind of unvalidated science that the National Academies of Science (NAS) report addressed last year. Even with the nearly two years of pro bono time I have volunteered, and my funding this year of my own travel expenses because it was in the best interest of the client that I fulfill my commitment review the forensic science during discovery, Florida rules prevent the funding of a pro bono out of state lawyer’s expenses even in a death penalty case.”

“It was important to help the trial lawyers” – Helping the “trial lawyers” “was important”, but no longer is important.  Why is it no longer important?  Because Ms. Baden accomplished this task and the trial lawyers have been helped?  Or because Ms. Baden is withdrawing from representation, so this is no longer important to her?  Ms. Baden distinguishes “trial lawyers” from herself.  She is not one of the “trial lawyers”.  Even when it was important to help them, she was not a trial lawyer.  Ms. Baden never intended to be a trial lawyer in this case.

“understand and identify” – This is what it was important to help the trial lawyers do before Ms. Baden withdrew.  Order is important.  The understanding of the trial lawyers is more important than their ability to identify.

“the real science” – It was important to help the trial lawyers first understand, then learn to identify, “real science”.  There is more than one type of “science” for Ms. Baden, “real science” and science which is the opposite, or not real.  However, the word “real” identifies Ms. Baden’s concept as false as the word “real” cannot make the word “science” either more or less real.  “Science” is “science”.  “Real science” is still “science”.  A “science” which is not “real” is a false science.  A false “science” is not “science”, it is something other than “science”.

“and distinguish it” – Ms. Baden adds a third reason it was important to help the trial lawyers, to “distinguish” “real science” from other science.  Ms. Baden is sensitive about identifying not real science as this is the second statement of identification in the same sentence.  If the trial lawyers were able to “identify” real science, they would at the same time “distinguish it” from not real science.

“from the kind of unvalidated science” – Sensitivity shown to “unvalidated science” through the use of the extra word “kind”.  There is more than one “kind” of “unvalidated science”, but Ms. Baden is only concerned about one “kind”, all other “unvalidated science” is fine.  The word “unvalidated” is not the opposite “real”.  “Unvalidated” does not preclude the “science” from being “real”.  Ms. Baden is implying “unvalidated science” is not “real science”, it is false science.

“that the National Academies of Science (NAS) report addressed last year” – Ms. Baden is only concerned by “unvalidated science” which was “addressed last year” by the National Academies of Science.  It was important the trial lawyers could “distinguish” “real science” from this “kind”.  But now it is not important.  There was something in last year’s report which concerned Ms. Baden, but is no longer important for an unknown reason.

“Even with the nearly two years of pro bono time I have volunteered” – Ms. Baden is sensitive about her “pro bono time” as she must define the term as “time I have volunteered”.  Ms. Baden has not “volunteered” two years, but “nearly”.  Ms. Baden exaggerates the amount of time she “volunteered”.

“and my funding this year of my own travel expenses” – Ms. Baden funded her “own travel expenses” “this year”.  Ms. Baden did not fund her “own travel expenses” last year.  The funding and the travel expenses are Ms. Baden’s and she is sensitive about them, especially the travel expenses as indicated by the additional word “own”.  Ms. Baden owns the travel expenses.  They are hers.  Were they too high?

“because it was in the best interest of the client that I fulfill my commitment review the forensic science during discovery” – Ms. Baden is so sensitive about funding her own travel expenses, she must explain why she chose to do so, even though the expenses were hers.  Before Ms. Baden posted this Facebook statement, “it was in the best interest of the client that I fulfill my commitment”.  It is no longer in the “best interest of the client”.  Something has changed.  Ms. Anthony is no longer Ms. Baden’s client, but “the client”.  The fulfillment of the commitment is uncomfortable for Ms. Baden, who distances herself by using “that”.

“my commitment review the forensic science during discovery” – Ms. Baden made a commitment.  Her commitment was to “review the forensic science during discovery”, another indication Ms. Baden never had any intention of being a part of the defense team during trial.  Her “commitment” only covered “during discovery”.  Ms. Baden made no commitment to be part of the defense team during the trial.  Her total commitment was to “review the forensic science”, not to do anything about it, not to file motions to suppress or exclude, but to “review”.  “Science” is now “forensic science”, which could be “real science” or “unvalidated science”.

“Florida rules prevent the funding of a pro bono out of state lawyer’s expenses” – Ms. Baden twists the “Florida rules” to again state her “pro bono” status.  The “Florida rules” do not prevent what she claims.  If Mr. Baez wished to fund the expenses of Ms. Baden, the “Florida rules” do not prevent him from doing so.  The “Florida rules” do prevent payment from the State of Florida to Ms. Baden, but not because she is “pro bono”.

“even in a death penalty case” – The “even” mirrors the earlier use of “even with” Ms. Baden employed to describe her “nearly” two years of pro bono work.  Ms. Baden feels there should be an exception made for the funding of her expenses by the “Florida rules” because she is “pro bono” and this is a “death penalty case”.

We have learned Ms. Baden’s efforts were in the best interest of her client until recently.  We have learned Ms. Baden’s efforts would no longer be in the best interest of her client.

We have learned Ms. Baden wishes her readers to believe Florida rules prevent her from receiving funding for her travel expenses even though the responsibility for the failure to fund her travel expenses falls on the privately retained counsel, Jose Baez.

We have learned Ms. Baden never had any intention of remaining with this case through trial as her commitment was for the discovery process only.

13 Responses to “Did Linda Kenney Baden Ever Intend to Defend Casey Anthony in Trial?”

  1. nums24 November 1, 2010 at 11:52 am #

    Another brilliant article Mr. Stopper! Thank you for exposing the scheme team for what they are!

    • bullstopper November 1, 2010 at 3:11 pm #

      Thank you for your continued support.

      As we can see from this article, Ms. Baden never intended to stick it out, but did manage to make her last hurrah into a multi-day news event.

  2. 38special November 1, 2010 at 3:04 pm #

    Thanks BS for this article.
    Logically it would seem that if “in the best interests of her client” she had found solid discrepancies or an area of”unvalidated science” that could help her client escape the ultimate DP penalty, she would pounce on the opportunity? To be the pro bono atty willing to sacrifice for the freedom of an innocent would really be newsworthy.

    But instead she’s only willing to hand her knowledge over to a couple of dimwits, who in turn will hand it over to whichever “expert(s)” that they’ve lured in their team. The experts will then try to understand and use arguments hobbled from her notes.

    I’m going to step out on a limb and say that had she found any significant evidence that could be a bombshell she would have stayed, if for no other reason than publicity. The pros of that would far outweigh the cons it seems to me. Maybe none of them were ever prepared to go the distance…only to have the “circus trial” that Mason predicted before he signed on.

    • bullstopper November 1, 2010 at 3:09 pm #

      The increased sales of her books from free advertising on national news outlets monetarily outweighs the insignificant sums for personal travel. It is ludicrous for her to assert travel expenses are the reason she has left the case.

      It is equally as ludicrous to blame the state of NY for not counting her FL pro bono time towards her commitment.

      I believe she made a deal with Jose if anything showed up she could use to fight the charges during discovery, she would stick it out through the trial. But she never made any true commitment beyond discovery.

      Like you have stated, nothing came up which would allow her to challenge the charges.

  3. 38special November 1, 2010 at 3:35 pm #

    BS~ thanks for the reply. Have a question for you. Do you think Mason is committed to getting up to speed to mount a real defense?
    I can see the smoke and mirror show about searchers, water vs no water but what about the endless lies from casey, the nanny, the items from the house..etc..seems like that stuff would be the bulk of the case?? I’ve already completely discounted Baez from any of it which leaves Mason to handle all of it and he just seems so…not there..if you get me?
    Maybe 7 mo out is too early to call.

    • bullstopper November 1, 2010 at 4:41 pm #

      I think Mason is up to speed. He feigns ignorance in court. He deliberately makes misstatements about defense objectives.

      However, I believe Mason sees everything up to this point as irrelevant as far as the trial goes. It’s all part of the circus, as he has stated.

      Mason believes the entire case is already wrapped up. He has seen something which convinces him the trial will not reach a penalty phase. The only possible ways this could happen are for KC to be found Not Guilty, for a mistrial to occur, or for the charges to be dropped mid-trial.

      Dropped charges are a Perry Mason method of winning and highly unlikely in real world scenarios.

      Not Guilty seems fanciful at this point.

      My bet is on mistrial. Tummy Trouble Baez gets knocked out due to medical reasons. Just before the guilty verdict is read, Mason reveals a diagnosis of early onset dementia dated more than a year ago.

      I have no idea what they really plan, but as we saw in the hearing and consistent with his earlier statements, Mason does not believe the trial will reach penalty phase.

  4. 38special November 1, 2010 at 6:17 pm #

    Thanks a lot for your thoughts on the question…I felt bad after I posted..hoped it was alright to ask.

    Apparently casey is confident that this will end in mistrial.I just got thru listening to an audio interview of Tracy MacLaughlin from 9/19/08. Casey had no worries about too much and had been assured there would be a mistrial. So, you’re probably on the money for any of your ideas.
    Thanks again.

  5. sandra November 2, 2010 at 1:07 am #

    won’t a mistrail just mean it has to be retied all over again? if so she probably won’t have a dream team for a second trial and almost deffenitly would get some sentence,true? NOT THAT I THINK SHE DESRVES THIS TO HAPPEN.GOD help little caylee that this doesn’t happen. if boso hadn’t had the help he did so far it would have went to trial by now he’s not smart enough to have gotten this far on his own.this may very well be a career ender for him.

    • 38special November 2, 2010 at 2:58 am #

      Sandra, I think you’re right. It only delays the inevitable but somehow I have to believe that either kc doesn’t understand this or lives in her fantasyland that the State will just give up. Hmmm wonder how she would come to that conclusion?
      In the event of a mistrial, I would guess that Baez would hug his “girl” goodbye, wish her luck and prepare for his head shots as a empty talking head on JVM or some other tabloid show.
      That’s my guess, hopefully BullStopper will weigh in on it.

      • bullstopper November 2, 2010 at 10:07 am #

        My guess is if it were to go to mistrial, Baez would already be gone.

        In this case, a mistrial can only help KC.

        The strategy of the defense to this point has been delay and propaganda. Delay helps KC.

        As time marches on, the witnesses march away. For example, Amy, who now works on a cruise ship based out of Miami. Or Tony who is now living in New York. Kronk no longer has a job and could skedaddle at any time.

        Evidence gets lost or becomes unusable for testing and forensics. Chain of custody becomes muddled.

        The longer you spend on trial in jail, the less time you spend in prison, which will be far worse for KC. In jail, she is a celebrity with a solitary cell and special treatment. In prison, she will be one of a multitude.

        When you face certain conviction, delay is your friend.

  6. macarthur November 2, 2010 at 10:42 pm #

    When I heard of LKB’s departure, the first thought that came to my mind was this could be part of a strategy of laying groundwork (by the DT) for future use in going for a mistrial/appeal/acquittal? The DT gets a lot of “stuff” on record (i.e., lack of funds to pay/reimburse attorneys, etc.) Any thoughts?

    • bullstopper November 3, 2010 at 12:38 pm #

      She does mention possible appeals in her motion, which I felt to be a not-so-subtle threat to the judge, who was not required to grant her motion. However, she used the opposite scenario, being forced to stay on the defense, as the grounds for appeal.

      I think she managed to hurt Jose’s chances for appeals down the road because of her wording. The court cannot be damned if it does and damned if it doesn’t. One course was the best for the client, even if it was not good for the client. It’s best to get a cavity filled if you can rather than a root canal, but neither is pleasant.

      Lack of funds will not be a reason for appeal because the JAC is involved tracking the costs and payments, bringing any issues to the judge for decision.

      Denial of funds for a privately retained attorney, let alone the privately retained attorney of a privately retained attorney, is not grounds for appeal as it is not a denial of services to the client. The attorney, in this case LKB, previously Lyon, made their own choice to leave the case. Their motions request release. The judge did not order them off the case. They can publicize any reason they want, but bottom line is they willingly chose to leave.

  7. sandra November 23, 2010 at 3:55 am #

    best thing that ever happenrd was this new judge. he seems unbiased,try’s hard to cross the T’s and dot the I’s. to see a mistrial in his court room is a far fetched thing in my opinion. he works hard to move the case along yet make fair and unbiased decisions. i have encountered many judges and magistates, in child costustidy cases, wish he would have been my judge. i find him fair,unbias,and a no nonsence man. kudos to him. no mistrial will happen. appeals, meany will come. death vrs. life not sure.

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