|
Post by QuickAttack on Oct 10, 2008 10:22:28 GMT -5
LOL--you so earned your screen name QA. :biggrin: :qa:
|
|
|
Post by QuickAttack on Oct 10, 2008 10:23:36 GMT -5
MOTION TO INSPECT, TEST, AND PHOTOGRAPH EVIDENCE HELD BY THE STATE
|
|
|
Post by QuickAttack on Oct 10, 2008 10:24:13 GMT -5
Baez wants to do an airtest on the car and have access to it.
|
|
|
Post by gigi2009 on Oct 10, 2008 10:26:12 GMT -5
Baez now wants access to the vehicle. The Judge asks the state why he shouldn't give access to the defense. The state replies about discovery and rules and that the car is not going to be used in the child neglect charges so Baez has no right to it.
|
|
|
Post by QuickAttack on Oct 10, 2008 10:27:25 GMT -5
State: There is no constitutional right to discovery. Rules of discover limit the access to evidence to evidence that the state will use for trial.
Once the state indicates that it will use evidence for trial, then the defense has right to discovery.
State not intending to use the car in child neglect case.
Baez: There's a half a million dollar bond and all the restrictions...all based on evidence from the car. This car is described as an instrument of the crime of child neglect.
We're not sure if they are going to allege that she was in the trunk of the vehicle. If they are going to, then we should have equal access to the car.
The state is restricting our search for the truth. I don't see how that can be just in any way.
If they feel that this will be evidence in the child neglect case, they shouldh't have opened the door.
|
|
|
Post by QuickAttack on Oct 10, 2008 10:28:11 GMT -5
The state:
Counsel's commentary doesn't address the law. He has failed to indicate a legal basis for access to evidence.
|
|
|
Post by gigi2009 on Oct 10, 2008 10:30:03 GMT -5
Gawd Baez is an idiot--he sounds so unprepared. Like he's reaching for answers. He is going on and on about the car. Whine--The state made an issue of the car--whine they opened the door. The State says the defense commentary is nice but has no bearing on the law or any legal basis for access at this time. Go State!
|
|
|
Post by QuickAttack on Oct 10, 2008 10:30:57 GMT -5
Gawd Baez is an idiot--he sounds so unprepared. Like he's reaching for answers. He is going on and on about the car. Whine--The state made an issue of the car--whine they opened the door. The State says the defense commentary is nice but has no bearing on the law or any legal basis for access at this time. Go State! http:// smileys.on-my-web.com/repository/Signs/winner.gif [/img][/quote] Hahaha! Sucks when you have to be schooled by the state on basic law.
|
|
|
Post by QuickAttack on Oct 10, 2008 10:33:02 GMT -5
Baez: There may be things in this car that are perishable. The more time goes by....
Judge: I'm going to grant the defense motion.
Notice needs to be given to the state and coordinated with them.
|
|
|
Post by QuickAttack on Oct 10, 2008 10:33:37 GMT -5
Judge: This is inspection. No evidence is to be taken. If any other problem comes up, you can do a quick motion.
|
|
|
Post by QuickAttack on Oct 10, 2008 10:33:58 GMT -5
MOTION TO COMPEL RESULTS OF FORENSIC TESTING
|
|
|
Post by QuickAttack on Oct 10, 2008 10:35:07 GMT -5
Cloroform, body farm, cadaver dogs...
Baez: I had asked a month ago for various records, veterinary care, related to the dogs.
|
|
|
Post by QuickAttack on Oct 10, 2008 10:36:53 GMT -5
State: None of this evidence is going to be used in the neglect case.
The motion goes far beyond the rules of discovery. We have a request for any test reports, logs, documentation...far beyond discovery rules.
|
|
|
Post by QuickAttack on Oct 10, 2008 10:41:26 GMT -5
Judge: You can use deposition and public records request, as far as the cadaver dogs.
I'm going to deny that motion.
As to test reports regarding the air test by body farm, I think you're limited to reports or statements of experts.
Judge: Those reports are discoverable. Potentially a homicide charge coming. Right now, it's child neglect...so that motion is granted--in limitation to that paragraph. Choroform, hair strand, I'm granting paragraphs 1-4.
State must provide within 10 days.
Baez: paragraph five, the denial is based on my ability to get public records request?
Judge: yes. You can get those through deposition and public records request.
Baez: certifications of dog, etc?
Judge: You can get those on deposition.
|
|
|
Post by ezrider on Oct 10, 2008 10:41:43 GMT -5
Ok, I'm disgusted that the judge would even grant one of the motions.
|
|
|
Post by QuickAttack on Oct 10, 2008 10:42:46 GMT -5
MOTION FOR PRODUCTION OF FAVORABLE EVIDENCE
|
|
|
Post by QuickAttack on Oct 10, 2008 10:43:24 GMT -5
Ok, I'm disgusted that the judge would even grant one of the motions. Good for us, though, because we'll get to see anything that Baez gets through discovery. :biggrin:
|
|
|
Post by ezrider on Oct 10, 2008 10:43:42 GMT -5
Who is that little dweeb?
|
|
|
Post by QuickAttack on Oct 10, 2008 10:44:04 GMT -5
Baez team wants access to all tips, etc that would exhonerate Casey.
|
|
|
Post by QuickAttack on Oct 10, 2008 10:44:43 GMT -5
Who is that little dweeb? Someone on Baez' team. No idea what his name is.
|
|
|
Post by QuickAttack on Oct 10, 2008 10:45:20 GMT -5
AHAHAHA! "Cindy Anthony is the source of many of the tips."
|
|
|
Post by Hargarmoopy on Oct 10, 2008 10:45:55 GMT -5
Who is that little dweeb? I dunno, but he sure did spit it out quickly and efficiently!
|
|
|
Post by ezrider on Oct 10, 2008 10:45:55 GMT -5
Good point. More downloads coming. :waiting: Ok, I'm disgusted that the judge would even grant one of the motions. Good for us, though, because we'll get to see anything that Baez gets through discovery.
|
|
|
Post by QuickAttack on Oct 10, 2008 10:46:36 GMT -5
State: If tips are subject of active investigation, we object to providing them.
If we have exculpatory info, then we'll be glad to provide it.
Judge: Exculpatory information--I have no problem with that.
|
|
|
Post by gigi2009 on Oct 10, 2008 10:47:30 GMT -5
Giddy with the prospect of another doc dump! Rubbing hands together--!! OT Hey Tata are you here? Register!!!! so you can post.
|
|