Is Cheney Mason More Confused Than Jose Baez?

23 Feb

On February 18, 2011, defense attorney Jose Baez wrote an e-mail to Judge Perry’s assistant detailing the reasons he feels the defense is not in violation of a court order issued verbally during a hearing on February 4, 2011, and clarified in a written order on February 7, 2011.  The order may be read at the following link.

http://www.ninthcircuit.org/news/High-Profile-Cases/Anthony/Downloads/Order%20Memorializing%20Status%20Hearing%20of%20Feb%204,%202011.pdf

Judge Perry: “By February 17, 2011 at 4:00pm, defense counsel shall submit to the Court and State in writing, the specific issues that will be objected to in accordance with Frye, including, but not limited to, those objections previously addressed in the motions.”

“defense counsel shall submit to the Court and State in writing” – The order specifies the “defense counsel” must (“shall”) “submit” by the imposed deadline.

“including, but not limited to, those objections previously addressed in the motions” – The defense must submit in writing “those objections previously addressed in the motion”.  This means even if “those objections” were included in a motion, they must be resubmitted as part of an all-inclusive list of Frye objectionable issues.

http://www.wesh.com/pdf/26942318/detail.html

Jose Baez: “We are a bit confused.  Mr. Ashton just asked me about my objections to Frye.  When I read order from the status hearing.  I understood it to mean that if we were objecting to anything not in our motion that it should be in writing, that was also my understanding as to what was discussed at the status hearing.  I have also discussed the matter with Mr. Mason and he is just as confused if not more.  Our objections are clearly laid out in our motions.  If I had any other objections I would raise them after reading the State’s response but they have not filed one yet.  If the Court is requesting that we do something additional we would like to be heard in chambers to clear up the matter.  Otherwise I think the logical choice would be to wait until the State files their response, so that we can be even more specific as to the issues to be heard.”

“We are a bit confused” – Who is “we”?  Mr. Baez is writing an e-mail from himself to the judge’s assistant, presumably for the judge to also read, but distances himself immediately from his statements by using the vague pronoun “we”.  Mr. Baez claims he is not solely responsible for violating a court order.

“Mr. Ashton just asked me about my objections to Frye” – Most likely, Mr. Ashton did not ask Mr. Baez about “my objections to Frye” as the court order addresses the defense objections to specific scientific evidence which will be resolved in a Frye hearing.  Surely, Mr. Baez is not objecting to Frye as this will be a vital avenue to excluding evidence from trial.

“When I read order from the status hearing.” – Mr. Baez writes an incomplete sentence and leaves out the word “the” before “order”.  Mr. Baez may have written this e-mail in a hurry.

“I understood it to mean that if we were objecting to anything not in our motion” – Mr. Baez addresses his understanding of “it” which we presume to refer to “order”.  Mr. Baez switches from the vague “we” to the specific “I”.  Mr. Baez is not speaking for Mr. Mason.  This is not how Mr. Mason “understood” the “order”.  Since the order clearly stated “including, but not limited to, those objections previously addressed in the motions”, it is difficult for anyone else to understand how Mr. Baez “understood it to mean” only “anything not in our motion”.

“that it should be in writing” – Mr. Baez distances himself from writing new objections with the word “that”.

“that was also my understanding as to what was discussed at the status hearing” – Mr. Baez distances himself from both his previous statement and his claim of “my understanding” with the word “that”.

“I have also discussed the matter with Mr. Mason” – When did Mr. Baez discuss “the matter with Mr. Mason”?  Before or after Mr. Ashton contacted Mr. Baez?  Was not filing as required by the court order part of a defense strategy?

“and he is just as confused if not more” – In what way is Mr. Mason “more” “confused” than Mr. Baez?  What is the source of Mr. Mason’s confusion?  Is Mr. Mason confused by the interpretation of Mr. Baez?  Is Mr. Mason confused by his co-counsel’s determination to violate multiple court orders as the trial approaches?  For Mr. Baez, there are levels of confusion.  He is at a certain level of confusion and Mr. Mason is on the same level (“just as”) or he has progressed to a greater level of confusion.

“Our objections are clearly laid out in our motions” – This has nothing to do with the current court order which specified another submittal despite any pleadings in prior “motions”, no matter how “clearly laid out”.  Mr. Baez has dropped the specific “I” for a “we” which includes the “more” confused Mr. Mason.

“If I had any other objections I would raise them after reading the State’s response but they have not filed one yet” – Mr. Baez made a similar remark during the hearing, to which Mr. Ashton replied he was unable to provide a response because the defense had not submitted all of the discovery, specifically several expert reports which Mr. Baez has delayed for almost three months.  Mr. Baez attempts to blame the “State” for his refusal to submit the required list of objections.

“If the Court is requesting that we do something additional we would like to be heard in chambers to clear up the matter” – By requesting an in-chamber hearing, Mr. Baez is not only attempting to build in further delay, but to keep his discussions over his non-compliance private and away from the courtroom cameras.  Mr. Baez shows “the Court” in this statement he does not accept the Court’s authority by referring to the order as a request.

“Otherwise I think the logical choice” – Mr. Baez admits his suggestion is probably not “the logical choice” as only he thinks it is.  Others will question his thinking and logic.

“would be to wait until the State files their response” – Mr. Baez prefers this option because he controls the discovery which determines when “the State” will be able to file “their response”.

“so that we can be even more specific as to the issues to be heard” – Mr. Baez claims the defense cannot be “specific” until the State files a response.  Why is this so?  Does Mr. Baez not know the “specific” issues he wishes to address based upon evidence examination and expert opinions?  Is Mr. Baez unable to pick out the “specific” issues from the discovery filed by the State over the last two years even though Mr. Ashton can?  Is Mr. Baez admitting he is an inferior attorney when compared with Mr. Ashton?

We have learned Mr. Baez stuck with his long-term pattern of blaming the State for his personal failings in this e-mail.

We have learned Mr. Baez believes Mr. Mason is more confused than himself, indicating Mr. Mason may not have the ability to understand complex matters as clearly as Mr. Baez.

We have learned Mr. Baez continues to struggle with writing full sentences and utilizing proper grammar and punctuation.

Advertisements

45 Responses to “Is Cheney Mason More Confused Than Jose Baez?”

  1. J.H. February 23, 2011 at 1:00 pm #

    I am confused did bozo pass the bar by reading from his fingers and toes.maybe his big head was used to read notes to pass the bar.Just maybe he had to tatoo the answers to his butt then turn just so to see answers in the mirror.I had always admired most lawyers until now.the prosacution has my full support.

  2. Molly February 23, 2011 at 1:03 pm #

    It’s realy a toss up as to who is more confused!
    I don’t think either is confused at all, this is all just a stall tactic. Baez isn’t doing anything until he’s back from his “unique opportunity” trip/meeting. He never planned to hand anything in until after that.

    • bullstopper February 23, 2011 at 4:24 pm #

      I personally don’t think he ever planned on doing anything ever. I think the unique opportunity was just another scam to win time which backfired on him, but didn’t stop him from doing whatever he wanted anyway.

      • sandra March 5, 2011 at 3:10 am #

        isnt his writing this judge, im a bit confessed,as is mason, just letting this judge either know he is incompatent, or just a big fat liar! always thought to become an attorney you were tested to see if you understood the laws,and the whole picture that goes withit. otherwise how on earth can you advise a client in the best possible way what desisions to make in their best interest. this smacks of not being in the clients best interest. im confused. if he was so confussed why didnt he state that when he got the letter from the judge. he needs to be disbarred as do many other attorneys

  3. Annegirl February 23, 2011 at 1:26 pm #

    As always, great article, Bullstopper. English 101….Hookt on fonics werkt for me! Maybe he should try it. I find it very entertaining to watch Baez and Mason do there work or lack thereof…however I am getting worried that it appears they are both over their heads with this case and neither of them care. I am looking forward to CA being found guilty, however I would really like it if the defense would put some effort into the defense.

  4. jagstop February 23, 2011 at 1:29 pm #

    I predict, on slim to no evidence, that Mr. Baez will enter a Motion to Withdraw and the Judge will appoint a public defender.

    • bullstopper February 23, 2011 at 4:22 pm #

      I do not see that happening. I cannot imagine Jose pulling himself off this case because the moment he does, he will be open to prosecution by various entities, including the State of Florida, Orange County, OSCO, the Anthonys, KC, etc.

  5. Venice February 23, 2011 at 1:37 pm #

    What I don’t understand is why Mason would even tarnish his reputation by being associated with this idiot Baez? “Mason is also confused, if not more”?? Dear Lord…who wants a legal reputation like that?????

  6. Twiglet February 23, 2011 at 1:58 pm #

    I agree with Molly , I don’t think Baez had any intention of handing anything over until after ” his unique opportunity ” trip/ meeting ? How long is he going to be allowed to behave like this ? Would any other Defence lawyer be allowed to behave like this in the American judicial system ?

    • bullstopper February 23, 2011 at 4:20 pm #

      I agree he never planned to submit the reports, but not because of the unique opportunity, but because these two experts aren’t going to work with him.

      • Kim February 23, 2011 at 5:56 pm #

        I agree with this, Bull. I think his ‘unique opportunity’ was his last chance to try to get either of the experts to see things his way or at least speak to him

  7. Venice February 23, 2011 at 2:08 pm #

    WOW…what a difference between Shawn Chapman Holley (Lindsey Lohans defense attorney), and Jose Baez!!! The difference in professionalism is like day and night! LOL @ Baez!!!!

  8. annie February 23, 2011 at 2:29 pm #

    hello to all THERE IS GOING TO BE A MISTRIAL THATS WHY THEY ARE COMING UP WITH EXCUSES.JUDGE PERRY WILL NOT PUT UP WITH IT.HE WILL FINE HIM AGAIN AND THIS TIME WITH A WARNING.THIS IS BOZO MARIES CASE HE DOES WHAT HE WANTS NOT WHAT THE COURT POINTS OUT.HOW ELSE IS THER EGOING TO BE A MISTRIAL?JUDGE PERRY MUST TRY AND GET RID OF THIS BIG ARSE.HE IS GOOD FOR NOTHING.HIM AND HIS UNIQUE CASE WHATS SO UNIQUE ABOUT THIS ?HIS CLIENT IS A KILLER AND HE HELPED HER DESPOSE OF HER.BOZO IS IN TROUBLE MR.ASHTON WILL SEE TO IT.T
    L THINK MASON SHOULD ALSO BE FINED HE IS PART OF THIS SCREW UP TEAM.

    • damagdpets February 23, 2011 at 3:07 pm #

      Annie, I feel the same way about mistrial. I have wondered for a while now if that is the defense. It would eat up more time and the prosecution would have to refile. Maybe the DT figures the longer this goes the more the witnesses will forget.

      • bullstopper February 23, 2011 at 4:17 pm #

        There will not be a mistrial. Judge Perry has the situation well in hand.

        At worst, from this particular incident, the defense will not be able to Frye hearing any of the evidence. No great loss as they have virtually no chance of winning any Frye hearing. Per Jose’s statements in the last hearing, the defense is not questioning the scientific methods or results. Their objections are centered on the opinions of the experts based upon the scientific results. Expert opinion cannot be excluded by a Frye hearing.

        For example, Jose is not objecting to the air test of the trunk or the results. He is objecting to the Oakridge Lab experts opining the test results indicate decomposition as the results could be interpreted differently by different experts. Therefore, this is not eligible for a Frye hearing. The are only two ways I can think of he can exclude the opinion of the experts in regards to the trunk. One is to find a way to declare the car or trunk banned from trial, like it was seized in an illegal search. But that won’t happen. The other is to counter the opinions of the state experts with defense experts, which doesn’t seem to be working out for him as they won’t return his calls anymore.

        Jose has nothing to lose by not complying with this order because he has nothing to bring to a Frye hearing. Therefore, the only benefit left to the defense in regards to Frye hearings is to use the procedures leading up to them as delay tactics.

        Same with the expert reports. Let’s face it, from all appearances two defense experts have informally pulled themselves out of the fight. Almost all of the others have submitted reports. Since the two in question don’t appear as if they plan to testify, no harm done to the defense by not complying with the order to submit reports and they can use the hearings about the issue as further possibilities for delay and to annoy the prosecution. Jose’s constant verbal attacks against Jeff Ashton indicate Jose is spending a lot of time and energy thinking up ways to derail Ashton instead of defending his client.

      • Venice February 23, 2011 at 9:40 pm #

        I agree Bull. There will be NO mistrial, thanks to the great Judge Perry 🙂

  9. Liza February 23, 2011 at 2:31 pm #

    It’s clear what is happening to the defense team. They are being paid in slave wages so they need the court order written by the honourable Judge Perry to use as toilet paper.

    At least this is the message, I get. imo

  10. Victoria February 23, 2011 at 3:07 pm #

    ~Bullstopper~ EXCELLENT!!!!!

  11. annie February 23, 2011 at 4:56 pm #

    hello damagdpets yes let me say this the longer this goes on the more people are going to forget what to say so its not that l am saying this is going to be a mistrial but if this idiot bozo marie is acting like he wants out of this case and making mistakes on purpose to prolong this trial.for bullstopper l dont understand you but if this lawyer does not get his act together the judge has to do something.the other thing is that a pd.will be appointed and bozo marie has to step down.its the prosecutor that is on top of things and they will see to it that this bozo in held in contempt.he is not getting any work done okay?he has spent all taxpayers money on HIMSELF OKAY?where did all that money go?they should sue the arse out of bozo for getting that money back so thAT THEY CAN PAY THE PD.THIS SO CALLED UNIQUE CASE IS OVER AS FAR AS L SEE IT.JUDGE PERRY HAS NO CHOICE IF HE SEES WHERE THIS IS GOING WITH THIS IDIOT THE CASE NO CANT GO FORWARD OKAY?HOW WILL HE PROCEED WITHOUT THIS ASS COMING TO COURT OR DISOBEYING ORDERS.PLEASE GIVE ME A BREAK YOU DONT KNOW WHAT YOU ARE TALKING ABOUT.GOOD DAY.

    • Rose February 23, 2011 at 5:26 pm #

      first of all the public defender is already paid. second of all, most of your posts either hard to follow because of bad grammar or make no sense at all. maybe his posts make no sense to you cause you cant comprehend them. just a thought.

  12. kas February 23, 2011 at 5:09 pm #

    Bullstopper:

    Your blog posts titles are starting to make me flash on the Geico Commercials every time I read them: “Is Cheney Mason More Confused Than Jose Baez?”/ Does It Take Two To Tango?

    “Does Jose Baez Believe Court Orders Are For Naught?”/ Was Abe Lincoln Honest?

    ….and on and on.

    • bullstopper February 23, 2011 at 5:16 pm #

      Geico’s marketing is well-known for being highly effective, so I guess my titles are, too. 🙂

      Stay tuned for Why is Jose Baez Having So Much Trouble Following Court Orders When Even a Caveman Can Do It?

      Also planned is Would the Gecko Put On a Better Defense Than Jose Baez?

      • Kim February 23, 2011 at 6:27 pm #

        lol – very clever

      • shyloh February 23, 2011 at 7:59 pm #

        Aweeee The little green guy reminds me of my last boyfriend. I sure miss him…(Just kidding) He is terrible cute though.

        NO mistrial. It isn’t going to happen. But maybe that is what Baez believes will happen.

  13. Anonymous February 23, 2011 at 5:25 pm #

    Bull-What if it turned out that both the prosecutors and the defense have experts that all agree? Could this be a reason that Logan, Rodriquez and Riechs are really not needed and possibly in a “backwards sort of way” Baez is avoiding an obvious conflict.

    Honestly, will juors really care about chemistry when they decide how or when the child went from the trunk to her final resting place?

    • bullstopper February 23, 2011 at 5:47 pm #

      The answer to your question is playing out in the courtroom and in the motions before our very eyes.

      The defense experts are not able to counter the prosecution experts. For instance, the prosecution plant guy says it is his opinion based upon his experience over the last 60 years with plants the growth in and around Caylee’s remains was months old indicating the body was there since mid June. The defense plant guy says based on his experience of far less than 60 years it might not be so, but then has to admit he learned everything he knows from the prosecution guy. But he doesn’t have anything to actually counter what the prosecution says other than his opinion, which is less likely to be accepted by the jury since the other guy has more experience. In other areas, the defense experts cannot disagree with the conclusions of the prosecution experts at all – as seen when Dr. Lee dropped out.

      But none of that explains the refusal to return phone calls. In most instances, the experts and the attorney would have discussed the facts and possible opinions of the expert, the attorney would have said “can’t use you”, the expert would have agreed, whatever payment was agreed upon would be paid, and everyone would go their professional merry way. By not returning defense calls, two of these experts are indicating they are uncomfortable even speaking with Baez, not a typical attorney-expert relationship. My guess is they gave him their opinions, he doesn’t like them, can’t use them, so is trying to convince them perhaps based upon the work of other experts, they could change their opinion and help him out.

  14. annie February 23, 2011 at 5:41 pm #

    ROSE L DID NOT KNOW YOU HAVE LAWYER SKILLS BUT IF YOU HAVE A HARD TIME READING OR UNDERSTANDING THEN L SUGGEST YOU DONT READ NONE OF MY COMMENTS.IF A PD IS PAID THEN ALL IS TAKEN CARE OF.L THOUGHT PD GETS PAID ONCE HE TAKES THIS CASE OKAY?SORRY FOR MY GRAMMAR IF L NEED YOUR OPINION L WILL GIVE IT TOO YOU OKAY?

    • Rose February 23, 2011 at 5:54 pm #

      So if you need my opinion you’ll give it to me? thanks but i have my own opinions. you’ve posted on a public site, so your posts are up for comments on. dont like it? dont post on a public site. btw, the L key isnt used as an I key. as for lawyer skills, no you dont have to have them. just try being smarter than a 5th grader. jmo

      • croaker February 28, 2011 at 11:33 pm #

        Annie and Rose – You both share many of the same points of view. You differ in some things. There is no need to bash each other. I like reading both your opinions.

    • shyloh February 23, 2011 at 8:10 pm #

      Do you mean (I) instead of (L)? Just wondering???

  15. annie February 23, 2011 at 5:43 pm #

    TO BULLSTOPPER IF MY COMMENTS MAKE YOU FLASH L SUGGEST YOU GO ELSE WHERE TO READ OR DONT READ NONE OF MY COMMENTS .WOW IF YOU THINK YOU KNOW IT ALL WHY DONT YOU GO THERE AND TAKE OVER FLASH FOR ME TOO WHEN L READ YOUR JUNK.

    • bullstopper February 23, 2011 at 5:50 pm #

      I am not sure what set you off, Annie, but are you aware this is my site?

      Do you understand when you post a comment on this site, you are posting it to my attention?

      • shyloh February 23, 2011 at 8:12 pm #

        It’s time for a (SNICKER) Candy bar.

      • Rose February 23, 2011 at 10:20 pm #

        are you flashing yet? lol

      • Katprint February 24, 2011 at 1:40 am #

        News flash?
        Hot flash?
        What kinds of flash are we talking about here?

  16. cecelia February 23, 2011 at 5:44 pm #

    Excellent article BullStopper!

    “Stay tuned for Why is Jose Baez Having So Much Trouble Following Court Orders When Even a Caveman Can Do It?

    Also planned is Would the Gecko Put On a Better Defense Than Jose Baez?”

    i spewed sweet tea LOL… BBL

  17. Anonymous February 23, 2011 at 9:46 pm #

    Bull-At least we know there are those who will not lie for Casey or Mr Baez. Very, very interesting. Now I know why Judge Perry persisted in knowing who this expert was, whether or not a receptionist was hired to answer calls and why Mr Baez says, “he’s a chemist” instead of admitting he was the head of NMS! Yikes!

    I wonder if Dr Reichs made it home from New Zealand? She got the heave ho and I doubt very much if she lost any sleep over it. She got paid though-just more money down the drain.

  18. Kathlb February 23, 2011 at 9:56 pm #

    All I can say is, judging by the misunderstandings in the postings tonight (hang in there bullstopper, this too shall pass) 🙂 I can’t see a snowball’s chance in Hell of Baez and Cheney getting a publisher to even peek at their notes and consider any book deal. Is anyone remembering “If I did it” by the infamous OJ and how that worked for him. ROFL

  19. Lottacats February 24, 2011 at 12:54 am #

    I enjoy reading here. It’s always informative.
    Thanks for all you do.

  20. Anonymous February 24, 2011 at 10:13 am #

    kathlb-So true. They haven’t an ounce of insight. I think Molly has it-they never intended to ever hand anything in – the Court’s orders were something they all laughed at-even Casey.

  21. Anonymous February 24, 2011 at 11:24 am #

    Damagdpets-There is empirical data that survivors of traumatic events do not forget. Time heals all wounds-it doesn’t erase the event.

    The only ones who “forget” a traumatic life event like murder are psychopaths who separate themselves from the act. Their rememberance of the victim is only when they are pointing a finger at the next available suspect.

    Delaying the trial and wishing and hoping that key witnesses or discredited ones die or forget is the kind of thinking no one expects from a lawyer representing a client facing the death penalty.

  22. bullstopper February 24, 2011 at 11:25 am #

    Local news station uses the death of two-year-old Caylee Anthony to boost ratings:

    http://blogs.orlandosentinel.com/entertainment_tv_tvblog/2011/02/casey-anthony-wkmg-tony-pipitone-offer-major-report-at-11-tonight.html

    I find Pipitone’s use of this trial to increase his own publicity and the ratings of his station despicable.

    It is one thing to report the news. It is quite another thing to publicize you will air news at a given time to increase the number of viewers of your news media.

    It is even more disgusting not to even have the information you are promoting to air:

    “Pipitone says he’s ‘still trying to get my hands around’ the material for the Anthony report. But he promises, ‘It’s going to air at 11 tonight, come hell or high water.'”

    WKMG has joined the ranks of Jose Baez and Cheney Mason.

    • Rose February 24, 2011 at 1:43 pm #

      if a story is that good it would be on the 6 oclock news not the 11 oclock.

  23. Anonymous February 24, 2011 at 12:42 pm #

    Well, Bull if it’s a good story why wait until 11PM? I can understand any journalist going after a good story but how lawyers will use witnesses in rebuttal isn’t that ground-breaking imo. We actually could discuss this on your blog any day of the week. It isn’t “Breaking News” (something we haven’t heard) or the station would go to air and do follow up all evening.

    He’s “getting together the materisls” -whatever that is and making a big deal out of something. The real tease was “come hell or high water”. Kinda sayin’ that he’s going to say something that others might want hidden. HA! Like Casey’s silence isn’t music to his ears…and the stations’ bottom line.

  24. Kathlb February 24, 2011 at 4:28 pm #

    Pipitone and those like him who use the death of Caylee and the trial to boost their own ratings are no better than the Anthonys and hangers-on, the lawyers still left on this trainwreck and the public who say that Casey should get a “pass” since she is obviously mentally ill. She isn’t mentally ill, she is a cold blooded killer with no remorse and should pay the ultimate price that she forced upon that baby girl. MOO

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: