Judge Will Deal With Baez' "Ambush" Testimony - Failure To Follow Court Order
Judge Belvin Perry Saturday morning threatened Casey Anthony defense attorney Jose Baez with sanctions including contempt of court for not following a Court Order about witness testimony. This is not the first time inexperienced attorney Baez has been "schooled" by the Court.
Baez brought William Rodriquez to the witness stand to refute prosecution witness testimony regarding the placement of the duct tape found on Caylee Anthony's skull and other matters.
Rodriquez is a forensic anthropologist with the Department of Defense's Medical Examiner Office and a co-founder of the Tennessee "Body Farm" where studies are made on decomposing bodies.
Rodriquez was making opinions to the jury that were not found in his final report, violating the Judge's orders that all opinions made in court must be contained in a report provided to all parties before the trial. The Judge's intention was to prevent trial "by ambush" where one side would be surprised by unanticipated questioning of witnesses.
The Judge quickly sent out the jury, and then harshly chastised Jose Baez for intentionally not obeying the Judge's orders. Judge Perry said Baez picked and chose which court orders he wanted to follow, and indicated there were going to be possible sanctions and a remedy formed so as to punish Baez, but on the other hand not be unfair to his client Casey Anthony for disallowing important testimony from this witness.
(Video: Judge "Schools" Jose Baez Again, Threatening Contempt Order)
(Video: Judge "Schools" Jose Baez Again, Threatening Contempt Order)
Witness Rodriquez' testimony was ordered stop testimony for today and will be brought back Monday after the prosecution has a chance to depose him, to see what he is going to testify about.
Judge Perry told Baez he will consider sanctions, including contempt of court, at the conclusion of the trial. Baez had been sanctioned by the Court January 6, 2011 for willfully introducing testimony that was not in witness reports.
Jose Baez will be a DISBARRED attorney within five years. Count it down. He has shown contempt for the law repeatedly. And people like that do not enjoy the privilege of being a member of the Bar for very long.
ReplyDeleteBaez seems to be doing as well as could be expected for an inexperienced atty.However,it is unclear to me that he intentionally ignored court rules or if this is a simple mistake stemming from his lack of experience???I was compelled to comment based on the comments by others which I suspect may be other attys. who seem irritated that Baez ,with his limited experience was put on the map almost instantly because of the Anthony case,So it seems clear that most of his haters are probably other lawyers that probably waited 10-15 yrs or more to ever rep. anyone in a murder trial!!Baez is just trying his best to rep. his client,as well as excel in his future career!GIVE THE GUY A BREAK!!!
ReplyDeleteOne news report said that Judge Perry told both state and prosecution that they were "playing games". I'm not sure why, or if, he said that. I thought it was admonishing Mr Baez only.
ReplyDeleteIf you would look at the court's order (which was the same one that Jose was found in contempt of once before in this court) he was told to include expert opinions as to what they would testify to. Baez was clear and made up crazy excuses of what he "clearly interpreted". Wrong.
ReplyDeleteJose did know what he was doing and it's what the judge called trial by ambush. This prosecutor knows his stuff and he was quick to point out that Rodriquez could not offer testimony as to the duct tape.
Has nothing to do with Jose's incompetence. It just shows how incompetent he is as well as his total disregard of the judge and the court.
Look at the video and see what the judge asks the man and you will see why. No reason to give him a break here. None.
Yes, the judge did indeed say this morning that the prosecution and Baez were "playing games" and "this is not a game." The judge was speaking to Baez at the time he said this.
ReplyDeleteI agree that Jose Baez didn't follow protocol, however Jeff Ashton is a big mouth bully, that has total disrespect for expert witnesses unless they are his!! It was refreshing to see this morning that he could'nt "break" Dr. Werner Spitz. This man is brillant and a plus for the defense. Big boys don't cry Ashton!!
ReplyDeleteThanks KQ4YM! I couldn't see anywhere that the judge was saying this to the state because the state was correct in their claims that the expert never put his experience about duct tape in his report. Judge Perry's questioning of the witness was very telling in how he would prove Baez's wrong interpretation of the court order. I *think* it's the same order that he was held in contempt the first time - is that correct?
ReplyDeleteAlso, Baez looked like a kid who had been scolded when he was asked by the judge to show him where the order said what Baez claimed was interpreted by he and his fellow counsel. You know he was lying - especially when he used the lame excuse that he had told the court he would "rebut false claims made by the prosecution". Unbelievable. I have to disagree that any appeal will be based on attorney incompetence. She's got on her team an attorney that's supposed to be the best defense attorney who has won many cases. I doubt that the claim of incompetence would be considered. Just my opinion.
Above - I meant Cheney Mason. Not Baez.
ReplyDeleteAshton is no bully - very competent - and he definitely impeached Spitz this morning. Spitz came across as unprepared, arrogant, and that only his way was correct; he did not want to be questioned or criticized regarding his theories. Then to prove his theory was correct regarding skull placement and hair and tape (even though the theory is ridiculous) - he said the ME, and ME photographer purposely conspired rearranging skull evidence for photos. He tried to back off of that statement a bit during Mason's recross - but the damage was done.
ReplyDeleteI've added video showing Judge Perry telling Baez this isn't the Judge's "first rodeo" and he's looking at contempt hearings against Baez at the conclusion of the trial.
ReplyDeleteAshton bullying? This is a murder trial, people are going to be frank and serious during questioning; it is a matter of getting information in the open- it has nothing to do with 'disrespecting' an expert, that's why he is an expert, right? Because they can handle tough indepth questions that a layman could not. I agree Spitz came across as unprepared and looks unprofessional for a few reasons mostly for suggesting the ME intentionally set up the photo.
ReplyDeleteSpitz was VERYYYYYY defensive. Spitz was trying to anticipate where Ashtons questions were going and tried to avoid giving answers that would validate Ashtons point. Also Spitz didn't give many direct answers to Ashton...mostly just "possibly" and "maybe" type answers. Also if Baez is so "unexperienced" that it leads to being in contempt of court than he shouldn't be practicing.
ReplyDeleteThe prosecution did the same, and Belvin Perry did say "both sides were engaged in it at some time", and it is true - this issue about the important testimony about the tape, from Baez's witness, would be a non-issue if the prosecution had not first had "surprise" testimony about the tape layover.
ReplyDeletePerry is dumping on Baez only, when the prosecution has done the same (prosecution did not disclose witness testimony about the tape layover).
If Perry holds Baez in contempt, then he needs to do the same to the prosecution, as the prosecution presented un-deposed testimony that caused Baez's withness to testify about the tape today.
Belvin Perry is showing prejudice against Baez on this issue, and his comment about this not being "his first rodeo" leads me to believe that he, too, has a bias against Baez, because this is Baez first murder trial.
The comments about other attorney's being jealous of Baez rings true.
I think Belvin wants to be a decent judge, and think he has, for the most part, done a stellar job.
But, he overlooked Jeff Ashton's "contempt" on this same issue, and instead dumped on Baez.
Bottom line, the psycho is guilty as hell and any joe blow with average intelligence can see it! The prosecutors are clearly the better attorneys and this case is a waste of tax payers money. Pathetic! Nuff said!
ReplyDeleteIt is time for Casey psyycho to take the stand and watch the prosecution rip her a new one! She is a heartless murderer! hoping she recieves the death penalty.
ReplyDeleteRight on Judge Perry!
ReplyDeleteWhat a waste of tax payer's money.
ReplyDeleteDr. Jan Garavaglia, the medical examiner, made a mistake in not opening Caylee’s skull for the autopsy. The point’s pretty well taken: If you’re going to do an autopsy, do an entire autopsy. For it not to have been done certainly seems like a failure.
ReplyDeleteThe prosecution did exactly what the judge suggested Baez...... to disclose the information even if it is filed at the last minute. That is what Ashton did before submitting the video simulation. Had Mr. Ashton done what Baez did he would have had the same lecture and possible contempt.
ReplyDeleteListen again to what Ashton presented and his filing. He had the superimposed tape as part of evidence. The difference is that Baez never did anything to disclose the testimony. There was no tangible evidence. Also, pieces of evidence are not included in reports or depositions and what Baez was doing was sneaking in testimony -not tangible evidence- without disclosure.
I think for the most part, Baez makes much to do about nothing. All the questioning about blood, when it isnt presumed to be the manner of death, all this talk about "was Casey a good mother" when she has loads of testimony supporting her callous disregard of her daughter being dead etc. And the testimony about the duct tape being applied after the body decomposed, utter nonsense. This expert witness, Spitz uses no common sense.What would be the purpose and why wouldnt the tape still be stuck to the clean skull?
ReplyDeleteI don't understand why Baez bothered to bring on Cheney Mason, he never lets him talk. Cheney Mason is the man with years of experience, Baez would have done well to taken a step back and let the older pro do more of the examinations. My guess is it is Jose ego getting the better of him. I wonder if Cheney Mason has any regrets now. Everyone who comes into contact with Baez gets painted with the same stinky brush.
ReplyDeleteIt doesn't matter how many rabbits Baez tries to pull from his tiny new hat, the fact remains Caylee Anthony was in the care of her mother when she died! Her lies, her partying, and all the other circumstantial evidence can not be ignored!
ReplyDeleteThe 6:17PM Anonymous post on "Judge Belvin Perry....showing prejudice against Baez"....and "that he, too, has a bias against Baez, because this is Baez first murder trial" is cazy. Perry has repremanded prosecution but it is Baez that is repeatedly braking rules in this coutroom! Perry is trying to help Baez as well as the prosecution in how to question a witness but Baez is clueless!!
ReplyDeleteAshton is a consummate professional. Baez is a sewer rat.
ReplyDeleteBaez deserved every bit of what Judge Perry has in store for him. All attorneys, as well as, lay persons know that Orders are to be followed, and not blatently ignored.
ReplyDeleteIt is a shame that the Florida Bar Examiners, did not stick with their original decision which stated that Baez has "a total lack of respect for the rights of others and a total lack of respect for the legal system, which is absolutely inconsistent with the character and fitness qualities required of those seeking to be afforded the highest position of trust and confidence recognized by our system of law."
Unfortunately, their original decision was correct!!
I am all for frying this crazy woman but I have to agree that Ashton is nothing but a complete ass and a bullies the witnesses. Someone said that Spitz was defensive and would only agree to his way of thinking? Isn't that what Ashton is doing as well?? And I actually looked up documents on forensic autopsy and sure enough it did call for opening the skull... Just sayin'.. Consumate professional my ass. lol
ReplyDeleteAshton is not an M.E. (Dr. G was in this case, and she had her reasons for doing her examination the way she did), so it was not his decision on what to do with the skull.
ReplyDeleteHe and the entire prosecution team have been basically flawless in their handling of this case.
I think Casey Anthony will die no matter the outcome of this trial. If she's found guilty of premeditated murder, she will be put to death. If she's found guilty of a lesser charge, someone in prison (looking for revenge on Caylee's behalf or for noteriety) will kill her. If (by some bizarre miscarriage of justice) she is found not guilty and released, someone on the outside will snuff her out...perhaps with duct tape.
ReplyDelete@Anonymous - 12:36pm
ReplyDeleteI totally agree with your post...
This defendant and her "team" will not be able to continue as they have with impunity.
Only then will there truly be Justice for Caylee Marie....
Baez has continually has shown contempt for court. Even an inexperienced attorney knows how to follow court orders. He went to law school and passed the Bar and is licensed to represent clients in criminal court. Ignorance is not an excuse. It is total disregard. If Judge Perry said that the witness can't testify on what is not in the final report then don't ask questions about things not in the report. Also Baez missed the discovery cutoff dates. Seems to me he is trying to ambush by witness. Dirty tactics.
ReplyDeleteBaez comes across as a less than admirable used car salesman.
ReplyDeletehttp://hubpages.com/hub/Dear-Mr-Jose-Baez-Defense-Attorney-For-Casey-Anthony
ReplyDeletewww.hubpages.com/sunshine625
http://hubpages.com/hub/You-Know-You-Are-Addicted-To-The-Casey-Anthony-Trial-When
ReplyDeleteJose Baez is a ruthless bully. His attitude should have been stopped by Judge perry! After this trial is over,they should put Jose Baez on trial for the way he treated the wittnesses!
ReplyDeleteCaisy is guilty not matter what, But reality feel compation for her and her family Caily's is with GOD.
ReplyDeleteWanna bet there is NEVER a contempt hearing for the child-killing favorite - Jose Baez
ReplyDeleteHe's a hero now.
Watch the subtext
1) For the system to work there MUST be an acquital
2) He's really a good layer because ANY lawyer could get an innocent defendant off, he gor a clearly guilty one set free
Maybe scum, Jose Baez should try paying his child support before people continue to rally around him. He is a poor excuse of a man. I hope the judge sanctions the helll out of him.
ReplyDelete"In April, 1998 the Florida Board of Bar Examiners denied him a license to practice law, a refusal that lasted for eight years." ..citing unpaid bills including child support. extravagant spending, and BAD CHECKS.
ReplyDeleteHe dropped out of High School in 9th grade, before getting his GED.
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