Is Jose Baez Prepared to Defend His Client at Trial?

Defense attorney Jose Baez gave a lengthy telephone interview which aired live on a national television show on April 5, 2011 during which he made comments about his preparation for the upcoming trial in May 2011.

The comments of Mr. Baez may be heard at the following link.

http://www.myspace.com/565006329/videos/video/107687473

Interviewer: “Do you feel like you’re ready for this case or would you like to add a couple more days to that calendar to prepare?”

Jose Baez: “You know umm…, I uhh… we’re just… I’m just focused at the task at hand.  Unfortunately, I wish I could answer that.  I’d love to… but that’s the way it is with every case.  You know, you sit there, you prepare, you prepare, you prepare, you prepare and the day comes and then you… there’s always things that you wish you had done and always things that you would like more time for, but umm… that… that’s I guess uhh… part of what it’s like to try a case.  Trying a case is a very exhausting experience and it’s very… umm… you… you… you never do prepare enough.”

“You know umm…, I uhh… we’re just… I’m just focused at the task at hand” – Mr. Baez begins his answer by not answering the question.  The word “just” suggests “focused at the task at hand” is not the only focus Mr. Baez has at this time as “just” is an attempt to persuade this is all he is doing.  The word “focused” does not tell the listener if Mr. Baez is currently preparing or is prepared for the trial and the pretrial hearings.  Mr. Baez begins to speak about “we”, who the listeners must assume is the defense team, but changes to speak only for himself.  If Mr. Baez is “just focused at the task at hand”, the other members of the defense team may be “focused” elsewhere.

“Unfortunately, I wish I could answer that” – For some reason, Mr. Baez cannot state if he is or is not prepared for trial.  The use of “unfortunately” announces he feels it would be beneficial to himself to be able to say he was prepared, as saying he is not would surely still be unfortunate.  Why is Mr. Baez not able to state he is prepared?  Would it harm the case if he did so?  If so, what possible negative impact could be the result of the lead defense attorney stating he is prepared to defend his client at trial?  What prevents Mr. Baez from answering?  Mr. Baez distances himself from the question with the word “that”, he is not comfortable with the question, he doesn’t like it.  Again, Mr. Baez has not answered the question.  Most likely, Mr. Baez is not prepared for this case.

“I’d love to..” – What would Mr. Baez “love to” do?  We do not knew because he did not finish his thought.  Would he “love to” say he is prepared?

“but that’s the way it is with every case” – What is the “way it is with every case”?  An inability to state if the defense attorney is prepared?  Mr. Baez is about to tell the audience “the way it is” with all of his cases, his “every case”.

“You know, you sit there, you prepare, you prepare, you prepare, you prepare” – The words “sit there” indicate a tension in this statement.  Does it make a difference if the attorney sits or stands as he prepares?  No, the inclusion of the phrase is the verbal delay of a difficult answer as the speaker vies for time in which to prepare further words, indicating he does not wish to speak the words which immediately come to mind.  The repetition of “prepare” indicates a sensitivity to preparation.  The “you” is not the listener, it is Mr. Baez, who attempts to persuade the listener this is the way it would be if they were the attorney.  It is doubtful if other attorneys would agree with his statements concerning pretrial preparation.  Do Mr. Ashton and Ms. Drane Burdick feel unprepared?

“and the day comes and then you… there’s always things that you wish you had done” – When the moment comes to defend his client, Mr. Baez “always” feels he is under prepared.  There are “things” he did not do, but wishes he had.  Did he not think of these things?  Was he not aware of the preparation needed for trial?  Is this a result of his inexperience or of his laziness?  Will he be telling Ms. Anthony during the trial about the “things” he wishes he “had done”?

“and always things that you would like more time for” – Three years is not enough time for Mr. Baez to prepare for a trial.

“but umm… that… that’s I guess uhh… part of what it’s like to try a case” – When Mr. Baez feels he did not prepare adequately and wishes he had done more and desires more time, he guesses this is “what it’s like to try a case”, but he does not know for sure.  Mr. Baez is not sure what “it’s like to try a case”.  Clearly, inexperience has been and will continue to be a major factor in the defense of Ms. Anthony.  What is the other “part of what it’s like”?

“Trying a case is a very exhausting experience” – Mr. Baez is exhausted.  Even though he is not prepared for trial, Mr. Baez is already exhausted by the “experience”.  A defense attorney is telling a national audience he is exhausted by actually “trying a case”.  Does he mention this to his clients prior to taking their cases?

“and it’s very… umm… you… you… you never do prepare enough” – Mr. Baez never prepares “enough”.  All of his recent hearing appearances support this statement.  Mr. Baez is telling the truth.  He “never” prepares “enough”.  This statement should bring vast comfort to his current client whose life may depend upon the outcome of this trial.  Ms. Finnell should take careful note of this statement and accelerate her own preparation as her services will be vital in the very near future.

We have learned through his own explicit statements, Mr. Baez is not prepared for this trial and never will be.

We have learned Mr. Baez is never prepared for any case.

We have learned Ms. Anthony needs to hear this interview for herself.