Monday, June 20, 2011

Jose Baez Argues Unfairness - Gets Schooled Again

Judge Recesses Court And May Exclude Baez Witnesses And Report Baez To Bar

The murder trial of Casey Anthony resumed at 9 a.m. Monday, although not with the jury in attendance. Attorneys were bickering again, and Judge Belvin Perry "schools" Barz again. The Judge mysteriously recessed court at 11 a.m. until Tuesday, the jury having never entered the courtroom.

Assistant State Attorney Jeff Ashton told the judge he would be bringing a motion for sanctions against Jose Baez because Ashton says, Baez provided yet another incomplete expert witness report that doesn't show fully what opinions and conclusions the expert will be testifying about.

The state delayed testimony this morning by arguments from the state for recalling Dr. William Rodriguez Tuesday instead of Monday, to give the state a chance to go over his deposition transcript, the depo having benn taken at the last minute Saturday, when Baez produced the witness without a complete report given to the state.

Jose Baez argued that there should be no delay in bringing Rodriquez back, and charged the state was playing games, further arguing  his displeasure of being threatened with contempt of court charges from the Judge.

Judge Belvin Perry clearly is upset with delays in the trial caused by the attorneys, chastising both sides today, and ordered all attorneys to be in court at 8:30 a.m. daily and be prepared for a full Saturday on court.

He wants attorneys to be present for any arguments needing to be heard outside the jurt. Perry warned he may even start the trial with the jury present at 8:30 a.m. if the attorneys don't want to "act professional."

"All this is going to stop or you will be working some fierce days," said and calm but angry Perry.

Perry schooled Baez again about rules of the court regarding expert testimony. Baez argued it was unfair for him to provide full reports of expert witnesses' opinions saying it was "obvious" what the expert would testify about. Baez also said the prosecution had an opportunity to take depositions of the witnesses but elected not to.

Perry had to explain to Baez, that he has made two orders to provide full reports and said the attorneys may not be "understanding" what he has been requiring since there have been violations made. 

Baez was ordered on January 6, 2011 to provide compete reports of expert "opinions or their conclusions," Perry reminded Baez again today. The purpose of depositions are to expound on opinions given in the reports, told Baez., saying depositions are not to be a replacement for a report.

"The orders are quite clear to me. The court does not make threats The court simply enforces rules," said Perry.

Perry, warned that "exclusion" of expert witness from the trial might be a remedy for Baez' failing to follow court orders. The judge also said the Florida Bar may be dealing with Baez' court behavior after the trial. A referral by a judge to the Florida Bar, a very serious action, may result in sanctions or even disbarment of an attorney.

The attorneys met in chamber with the Judge for about an hour and then the Judge with the assent of the attorneys mysteriously recessed the court until Tuesday.

1 comment:

  1. Anonymous11:55 AM

    Perhaps Baez is spending some time in jail ?