What Information is Jose Baez Hiding From Defense Experts?

27 Jan

This article continues our examination of the Motion for Extension of Time to Comply with Order for Expert Witness Reports filed by Jose Baez on January 25, 2011.  The motion may be found at the following link.

http://www.docstoc.com/docs/document-preview.aspx?doc_id=70057594

“2. The Defendant, Miss Anthony has been declared indigent for costs.  This has limited her ability to have all of her experts together to properly consult with and furnish all information needed, in order for them to reach well-informed opinions.  In light of the Court’s recent decision precluding testimony that is not either in reports or disclosed in deposition.  The Defense would like to have the opportunity to meet with experts Reichs and Rodriguez prior to them rendering their opinions as they may have additional opinions after review of additional material.  The Defense will have a unique opportunity in the very near future and is requesting an additional 45 days to comply with those two witnesses and a reasonable amount of time for Doctors Logan and Spitz.”

“The Defendant, Miss Anthony has been declared indigent for costs.” – Grammatical errors abound within the written documents of Jose Baez.  In this sentence, Mr. Baez experiences comma related difficulties.  The facts referenced are true.

“This has limited her ability” – “This” refers and brings Mr. Baez closer to the declaration of “indigent for costs”, one of his few legal victories in the case to date.  Indigency has in some way “limited her ability”.

“to have all of her experts together to properly consult with and furnish all information needed” – Mr. Baez claims his legal victory in having Miss Anthony declared indigent has resulted in an inability to gather her experts, to consult with her experts, and for her experts to submit their reports.  In what way are these three issues affected by Miss Anthony’s indigency?  Her status does provide a means of payment for necessary defense expenses as approved by the JAC.  If the JAC will not pay for these three types of expenses, Mr. Baez is not following their rules.  If Mr. Baez is not following the guidelines established by the JAC, Mr. Baez is the reason her experts are unable to gather, consult, or provide reports, not the indigent for cost status of his client.

Order is important.  The most important effect of Miss Anthony’s indigent status as claimed by Mr. Baez is an inability to “have all of her experts together”.  Why is it necessary to “have all of her experts together” in order for them to each furnish their independent opinion based upon their independent examination of the evidence?  If an expert does require the opinion of another, are there no phones or other forms of communication available to either party?  If not, is Mr. Baez not capable of arranging for communication between the members of his team?  Does Mr. Baez truly anticipate the Court to accept Mr. Baez had an expectation when he contracted with experts from various states and countries there would be an opportunity to gather them all together, but never made any plans to do so with trial a mere three months away?

Second most important to Mr. Baez is an opportunity to “properly consult”, indicating Mr. Baez and the experts are able to “consult” while not in close physical proximity to one another, but the consultations are not “properly” done.  Something happens when they are all together, something which is not able to occur through electronic means, which can be easily recorded.

Of least importance to Mr. Baez is the inability of the experts to “furnish all the information needed”, which we would assume to be the reports required by the Court’s order.  In a document to the Court detailing his inability or unwillingness to comply with the orders of the Court, Mr. Baez reveals the requirements of the Court to be his least concern when considering the quandaries posed by the indigency he requested and was granted for Miss Anthony.

“in order for them to reach well-informed opinions” – Mr. Baez claims if the experts cannot gather in the same physical space, “properly consult” with each other and Mr. Baez, and “furnish” their reports, they will not be able to “reach well-informed opinions”.  Either Mr. Baez is stating their opinions will change after consulting with the other experts even though they have already submitted their reports, or “furnish all the information needed” does not refer to the reports ordered submitted by the Court.  What needed information would the experts be providing which would not be in their reports and which would change the opinions of the other experts?  If Mr. Baez does not need this information to turn over to the Court, what is his referenced need?  “Information” is sensitive as seen by the use of “needed” and the almost immediate later use of “well-informed”.

“In light of the Court’s recent decision precluding testimony that is not either in reports or disclosed in deposition.” – Mr. Baez begins a sentence, but does not finish despite his misuse of a period.  “The Court’s recent decision” which requires Mr. Baez to comply with the rules of discovery shines a “light” on the “information” he would prefer to keep in the dark.  Mr. Baez mischaracterizes “the Court’s recent decision” as an additional requirement for the defense, an untrue assessment since the Court merely clarified the rules of discovery which apply equally to both sides and with which the defense refused to comply.

“The Defense would like to have the opportunity to meet with experts Reichs and Rodriguez prior to them rendering their opinions” – The Defense does not want two experts to submit written reports allegedly based upon their independent assessment of the evidence and facts until the Defense as an opportunity to influence their opinions.

“as they may have additional opinions after review of additional material” – Mr. Baez is in possession of “additional material” which he feels to be of significance to the formation of his experts’ opinions, but he has not shared this information with his experts.  Mr. Baez is not communicating with his experts.  Mr. Baez is withholding critical “additional material” from his experts.  “Opinions” and “material” are both sensitive as seen by the use of the same extra word to modify each, “additional”.  Mr. Baez has stuff to add, but he cannot be bothered to get around to it within the time frames set by the court despite the impending trial beginning in a few short months.

“The Defense will have a unique opportunity in the very near future” – What is the “unique opportunity” and when will it occur?  Mr. Baez refers to “the very near future”, then requests an “additional 45 days” to extend an order which originally encompassed less than 30 days.  The “future” is not “very near”, but it the “future” is sensitive to Mr. Baez.  Does the “unique opportunity” involve the experts gathering together?  We do not know.

“is requesting an additional 45 days” – “Additional” is sensitive for Mr. Baez.  This portion of the document is why.  Mr. Baez is asking for more days in this request than the 30 days he initially asked for which the judge told him was an unacceptable time frame and of such length it could not be approved.

“and a reasonable amount of time” – Mr. Baez does not define “reasonable amount of time” or indicate if it exceeds the 45 days requested for the other two experts.

“WHEREFORE, the Defendant CASEY MARIE ANTHONY respectfully requests this Honorable Court to extend the time required to submit expert report’s as it has substantially complied with the Court’s order dated January 6th, 2011 and has a good faith basis for the extension of time on the remaining experts.”

“as it has substantially complied with the Court’s order” – Mr. Baez refers to “the Defendant CASEY MARIE ANTHONY” as “it”, who has “substantially complied”.  Mr. Baez asserts not communicating with experts, withholding information from experts, delaying expert reports until he is able to “consult with” them, and requesting more time than originally granted the day before the deadline for defense to be in full compliance with the order as “substantially complied”.

“has a good faith basis for the extension of time on the remaining experts” – Mr. Baez asserts withholding vital information to the formation of expert opinions during a time frame in which he has been ordered to provide written expert reports and his desire to influence the opinions of the experts during a physical meeting are a “good faith basis for the extension of time”.

We have learned Mr. Baez is hampering the defense of his client by refusing to maintain communications with his experts or to provide them with the information needed to finish their jobs.

We have learned Mr. Baez blames Judge Perry for the State of Florida’s rules of discovery in criminal cases.

We have learned Mr. Baez plans to blame his client’s indigency for all his failures as a defense attorney.

We have learned Mr. Baez desperately needs to take at least one class in English grammar, but probably blames his client’s lack of funds for his inability to utilize a comma or form a complete sentence.

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27 Responses to “What Information is Jose Baez Hiding From Defense Experts?”

  1. Venice January 27, 2011 at 12:45 pm #

    Another great pic of the shiester! Oh boy mommy, I’m gonna be famous. Daddy’s buying everyone a Miata.

    • LindaNewYork January 27, 2011 at 12:52 pm #

      Hi Venice.

      LOL!

    • 38special January 27, 2011 at 3:50 pm #

      LOL That sheister just can’t take a bad pic! Every one of them is priceless. He’s photobozotic, the clown shines thru .

      • Venice January 27, 2011 at 8:21 pm #

        LOL 38!!!

  2. LindaNewYork January 27, 2011 at 12:51 pm #

    “We have learned Mr. Baez desperately needs to take at least one class in English grammar, but probably blames his client’s lack of funds for his inability to utilize a comma or form a complete sentence.”

    Perhaps the JAC refused to pay for those comma’s and complete sentences! LOL!

    • bullstopper January 27, 2011 at 2:08 pm #

      Hard to say. If I had to guess, I would say Jose forgot to submit an invoice to the JAC for the commas and complete sentences, or he failed to use an approved provider…

  3. Molly January 27, 2011 at 1:07 pm #

    Love this post!
    what is the “additional material” that obviously he is holding close & he can only share individually & in person?
    He is so big on all of the new technology (internet)why can’t he just have a video conference with all of his experts or skype?
    those 3 days he will not be available in february reich & rodriguez are going to be holding a conference. interesting.

    • bullstopper January 27, 2011 at 2:10 pm #

      Whatever info he has, he seems sure it will outweigh the physical evidence the experts examined.

      I am wondering if those days at the end of Feb are his “unique opportunity”. They would line up with 45 days as he would need to submit shortly after he returned.

  4. shyloh January 27, 2011 at 1:41 pm #

    I don’t know, sometimes I over use the comma, or sometimes,
    I under use it, sometimes I am not sure where to use it, and when not to use it, know what I mean? We need to use COMMA SENSE, I suppose.

    This 45 days is truly bothering me. I just pray JP thinks like you do BS…

    • bullstopper January 27, 2011 at 2:14 pm #

      😆

      To me, Jose is confused about the compliance. He claims he wants to extend the deadline to comply, but compliance is not the submittal of the expert reports because by law he has to turn over that information. The order and compliance with the order centers on the time frame. But if he does get the extension, it will mean the prosecution will have waited almost 4 months, a quarter of a year, for Baez to comply with the method of discovery he chose when he took over the case.

  5. kathy January 27, 2011 at 1:59 pm #

    I wonder if Mr. Baez is. Has the RESults of the Touch DNA, OMG, it is a virus and it is spreading. You are so right about Mr. Baez needing a remedial English class. I have noticed his lack of grammar skills lacking in several motions he has filed. I also noticed he likes to use big fancy wording that makes the motion look like it is important.

    • bullstopper January 27, 2011 at 2:16 pm #

      Good thought, maybe he got the touch DNA results back.

      So, he needs to meet with his experts, let them know the planted Kronk DNA showed up, then ask if their reports are consistent with a portly man urinating in the nearby woods and, if not, could they be…

      • 38special January 27, 2011 at 3:57 pm #

        Good read BullStopper, thanks.

        Yeah, the touch DNA, hmmmmm
        Can’t wait for that, your explanation surely will be the next great “aha” moment . Lawdy, I can’t wait until this is over. He never gets any smarter. casey deserves him.

  6. Molly January 27, 2011 at 2:48 pm #

    Bull – LOL, you crack me up!

  7. LOUISIANA January 27, 2011 at 3:49 pm #

    bumble brain has had all of the reasonable time available. he is wearing out all my patience. I had only one damn nerve left, and barf bag got on it. get on with the trial!! Baez makes me sick! { how can one use common sense when he has no brain?!}
    barf….blawquk….barf…LMAO!!

  8. Victoria January 27, 2011 at 3:57 pm #

    ~Bullstopper~ Love how you nail down your points into solid hardwood. Thanks for the article.

  9. No Sharia Here January 27, 2011 at 6:04 pm #

    Is it possible that Baez ordered the commas, refused to pay for them after he used them, so they were repossessed?

    • bullstopper January 27, 2011 at 6:10 pm #

      Well, not exactly. He did order commas, at least he meant to, but they were really semi-colons, so he had to send them back. Since a semi-colon is a period over a comma, he assumed he was no longer allowed to use either until the refund for the bill he hadn’t paid came through.

      The missing half sentence, however, is a different story. He accidentally ate it for lunch when he mistook it for his half-sandwich. You don’t want to know what he mistook for his cup of soup…

      • LOUISIANA January 27, 2011 at 6:15 pm #

        a used condom!!

  10. Marica January 28, 2011 at 1:01 am #

    Reading this post had me wanting to bash my head against the monitor and pound the keyboard. Stupidity overload!!!
    I applaud your ability to be able to write about this fool without having a melt down.

    PS First time visit here. Someone left a link @THM,
    and I followed it here. Great Blog!

  11. Tanya January 28, 2011 at 2:39 am #

    Baez—-What an arrogant prick! (Sorry about the bad word). He is a Narcissist with a capital “N”.
    I know the Florida Bar wants him O-U-T as soon as they have the leverage…..it’s just a matter of time. I know he’ll have to face a barrage of Bar complaints as soon as the Casey case reaches some kind of resolution.
    He is a lawyer for all the wrong reasons…too many to mention. Thanks for another thought provoking article, Bull. I always read here!

  12. Kandy January 28, 2011 at 4:43 am #

    I don’t know guys, he’s been playing it close lately and I think he’s up to something more than a vacay/experts meeting. He almost always tries to act confident and prepared for the media but something in his demenor has changed recently. I just can’y put my finger on exactly when I noticed it. I think he thinks he’s got something and he’s going to hold it as close to ambush time as they’ll let him. I cannot believe he let the Roy thing go cause it was so wierd that he was persistant over Caylee being there and I believe he KNEW she was. How I do not know but I have many nightmares where he knows exactly where she’s at and Cindy is pushing him to get the popo down there to it. I will be glad when this one is over.

  13. Northerngirl January 28, 2011 at 8:20 am #

    Baez is determine to have a trial by ambush.My thoughts are that the “touch” DNA may have come back with a litle somthing but not enough to make a profile and hope the experts can tweek their opinions to add a little more doubt because his experts up to now are telling him they can’t dispute what State experts got..after all their reputations are at stake here…also sounds like baez isn’t forking up the money to pay these people or like the others, they are trying to distance themselves from Baez and he doesn’t get the hint!!lol..I have heard and read that Judge Perry was hand picked for this case as he can and does have the experience to see this tru without any notion of mistrial.Thus we are still awaiting his ruling on motionless motion from defense to throw out, exclude..tat. facebook etc…MO is that Perry is pondering them carefully but they will be addmissable. Time for Perry to do what he is known for..lets get “er done!

  14. cecelia January 28, 2011 at 9:18 am #

    Exceeellent article as usual BullStopper, and we thank you!
    are you going to do an article on HO-Says filing the “notice of unavailability”? how can he AFFORD to take a week off when he is woefully lagging way behind the rest of the class (literally AND figuratively!)

    I just have a feeling he’s going to stall, and then try to extend the date this goes to trial. He’s got a big steaming pile of nothing but shiit and he KNOWS it.

  15. Monex February 8, 2011 at 8:53 am #

    …………..Im going to make this relatively brief compared to other posts Ive written on the various topics of forensics. The purpose of this article is just to straighten out the confusion around what an expert in taphonomy is and what they could bring to the defense team..When Jose Baez brought up that one of the experts they have on their list was an expert in taphonomy Judge Perry did a do what. Jose Baezs response was that it was an expert in human decomposition. Thats true but its not a completely correct way to phrase itwell get to that later. Mister Ashton objected to some extent stating that taphonomy is not a recognized forensic specialty. While that again is true its not a completely correct way to phrase it either. So lets get straight what an expert in taphonomy would be and why the defense is wanting to include one on their list..Taphonomy is an over-arching study of the HOLISTIC study of the human or even animal decomposition process and the environment. Within taphonomy is included forensic pathology forensic anthropology forensic botany forensic entomology and a host of other forensic fill-in-the-blank areas. In the old world of engineering say back in the Gemini phase of the space program you had electrical engineers mechanical engineers aerospace engineers hydraulic engineers among many others and then you had what was called a system engineer. These days system engineer tends to point to an IT specialist someone specialized in programming and computer systems but back in the day system engineer meant something else. The system engineers job was to integrate all the work of all the specialty engineers working on a project. So for a Gemini space module the system engineer had to possess a wide berth of knowledge in all systems and how they interfaced and affected each other and then he worked as a team lead over the various engineers to integrate an operative and successful complete system. This is how you should view an expert in taphonomy when it comes to the various forensic experts associated with analyzing decomposition events..Taphonomy looks at the omni-directional relationships of the decomposing body the method in which it was buried or placed in this case the environmental factors and the effects that each of these various parameters have on one another. So taphonomy is a holistic analysis of both the environments effect on a decomposing body as well as the decomposing bodys effect on the environment. Included in these issues are the environment in which the body is decomposing temperature moisture outside inside absence of air underground under water in a bag clothed not clothed etc. Included in the issues of how the body effects the environment around it can include effect on textiles and structures effects on botanical growth i.e. to analyze the decomposition data in a holistic manner..So what Baez is saying he has is an expert who has a broad range of forensic experience in multiple fields possibly multiple PhDs in various forensic areas who is acting as his system engineer in the overall analysis of evidence collected concerning the bugs plant growth decomposition process skeletonization etc. Now Im an avid non-fan of Jose Baez but this is actually a very good move on the defenses part. Other than the major sticking point that they are representing a compulsive liar who hid from anyone who could find out her daughter was dead partied for 30 days told all of her friends lies that made them think her daughter was fine and having the time of her life and then continued to lie and obstruct the investigation into her missing i.e.

    • bullstopper February 8, 2011 at 2:00 pm #

      The problem here is not if or if not taphonomy is a science, or who is trained to do it, or what it encompasses.

      The problem is Jose is using the term to hide the conclusions and expected testimony of the experts of each sub-field from discovery.

  16. ChattyCathy April 5, 2011 at 2:33 pm #

    JB is nothing but a juvenile playing a game,He brown noses when he has too otherwise it’s a game to him!
    This video shows his actions are not appropriate and just how serious he takes the case!
    It is so obvious to watch him and kc from the mark 2:49!
    Watch caseys hands direct him first to the left,then to the right…and he blocks the cam while she thinks she’s getting away with giving the court the finger! While they laugh!
    It is soooooooooo Obvious!
    JB this is Caylee’s justice and not a dang playground for you and your snickers and games with the mother of a child whose dead!
    You are the lowest form of life there possibly can ever be……jmo!

    http://www.youtube.com/user/S0meRand0mName#p/u/17/xTyyQCfo1bg

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