Orlando, FL- As most of you following the murder trial of Casey Anthony for her 34 month old daughter, Caylee Marie, Saturday brought the most shocking day of NON-testimony yet.

I am referring to the bombshell dropped on the court by lead defense attorney, J. Cheney Mason. For reasons that may very well stay sealed until the conclusion of the trial, amongst rumors of photoshopping evidence pictures and witness tampering, Mason iniatied an off the record sidebar followed by an incamera meeting someone decided the defendant would not attend.

The dissention in the ranks seemed to stem from Friday’s rookie error, made by Mason, a criminal defense attorney with nearly 40 years of experience and considered one of the “super lawyers” in the State of Florida. Mason asked first responder deputy Ryan Eberlin, of the OCSO if he placed Casey Anthony in handcuffs at the Anthony home , opening the door to the prosecution to allow the deputy to explain, in front of the jury, that he did so at the request of Cindy Anthony after providing proof her daughter fraudulently used her credit cards.

(Editor’s Note: I was so stunned by this ginormous snafu I considered the possibility Mason did so to get fired on purpose. Given Saturday’s events, my jury is still out on that one.)

Mason is Out

With Tru Tv’s Insession and other various local affiliates geared up for all day Saturday coverage, this presented the unique problem of having a day of rampant legal speculation as to what could have caused Judge Perry, who already scheduled an extended Saturday as a sanction to the defense for it’s third contempt of an order regarding expert witness testimony, ran through every option.

Based on the fact that immediately after court was recessed until 8:30 AM this morning, Jose Baez informed Dot Simms she would need to accompany State Attorney Jeff Ashton for the afternoon deposition of Dr. Kenneth Furton, that he could not, so she “just had to”, and the immediate seal of both the sidebar and incamera session, it is clear there are very limited reasons for the kerfeffel under Florida Law.

They are:

Jury related issue: Impossible as the court reporter left immediately after the recess. If that were the case, Judge Perry would have been required to address the issue immediately on the record, and with counsel present.

Pending Witness testimony Issue: Would not require recess, would not allow for closed proceedings and sealed transcripts, and there were 7 defense witnesses at the court house waiting to be called.

Plea Deal: Again, would not require in camera session without the defendant.

Misconduct: ding ding ding.. We have a winner.

Health Issue: Possible, but highly unlikely given we are looking at only about another week of testimony.


Mason is Out Baez


Rule 4-1.16 Declining or Terminating Representation

(a) When Lawyer Must Decline or Terminate Representation.

Except as stated in subdivision (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if:

(1) the representation will result in violation of the Rules of Professional Conduct or law;

(2) the lawyer’s physical or mental condition materially impairs the lawyer’s ability to represent the client; or

(3) the lawyer is discharged.

(b) When Withdrawal Is Allowed.

Except as stated in subdivision (c), a lawyer may withdraw from representing a client if withdrawal can be accomplished without material adverse effect on the interests of the client, or if:

(1) the client persists in a course of action involving the lawyer’s services that the lawyer reasonably believes is criminal or fraudulent;

(2) the client has used the lawyer’s services to perpetrate a crime or fraud;

(3) a client insists upon pursuing an objective that the lawyer considers repugnant or imprudent;

(4) the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer’s services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled;

(5) the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client; or

(6) other good cause for withdrawal exists.


An attorney withdrawl in the middle of trial is not unheard of, and it is not automatic grounds for a mistrial. That said, given the fact this is a death penalty case, and Jose Baez does not meet the requirements as lead counsel in a capital case, it increases the chances significantly.


Rule 3.112 of the Florida Rules of Criminal Procedure (2000) outline the minimum standards for attorneys in capital cases: Lead trial counsel assignments should be given to attorneys who: are members of the bar admitted to practice in the jurisdiction or admitted to practice pro hac vice; are experienced and active trial practitioners with at least five years of litigation experience in the field of criminal law; have prior experience as lead counsel in no fewer than nine jury trials of serious and complex cases which were tried to completion, as well as prior experience as lead defense counsel or co-counsel in at least two cases tried to completion in which the death penalty was sought. In addition, of the nine jury trials which were tried to completion, the attorney should have been lead counsel in at least three cases in which the charge was murder; or alternatively, of the nine jury trials, at least one was a murder trial and an additional five were felony jury trials; and are familiar with the practice and procedure of the criminal courts of the jurisdiction; and are familiar with and experienced in the utilization of expert witnesses and evidence, including but not limited to psychiatric and forensic evidence, and have demonstrated the necessary proficiency and commitment which exemplify the quality of representation appropriate to capital cases. Trial co-counsel assignments should be given to attorneys who: are members of the bar admitted to practice in the jurisdiction or admitted to practice pro hac vice; who qualify as lead counsel under paragraph (c) of these standards or meet the following requirements: are experienced and active trial practitioners with at least three years of litigation experience in the field of criminal law; and have prior experience as lead counsel or co-counsel in no fewer than three jury trials of serious and complex cases which were tried to completion, at least two of which were trials in which the charge was murder; or alternatively, of the three jury trials, at least one was a murder trial and one was a felony jury trial; and are familiar with the practice and procedure of the criminal courts of the jurisdiction and have demonstrated the necessary proficiency and commitment which exemplify the quality of representation appropriate to capital cases.

Ann Finnell, Casey Anthony penalty phase attorney, is the only remaining lawyer on her team that meets the criteria- will Judge Perry order her to resume the defense?

Will whoever shows up at the “table against the wall” request a mistrial or simply a curative instruction? I have a couple of submissions I would like to offer, if that is the case.

Tune in at 8:30AM.

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  1. Eloise says:

    Great recaps guys.

    Funniest remark:

    Judge Perry on Mr. Grunt-LMAO!

  2. jane says:

    OK So both Cindy and Lee sitting together in court room

    Cindy says she did not send Casey and co to search’

    Lee gets up and he says Cindy did send them to search

    Huh……How come no one said one word about it Why didn’t Linda go after it

  3. Carol says:

    First off let me say I appreciate reading everyones comments , and I hope you all will forgive me for saying this but its been on my heart ever since I read that post, whoever Caylees Daddy is , is no relevence, except in the interest of biology , she has a Daddy loves her better than her own family did , who has gifted the prosecution with courage, and hearts of lions to fight for this precious one , She belongs to Him in every way that matters .
    He was with her at the beginning , and He was with her at the end .
    I pray for justice to be done , it’s coming soon and those that threw her away and didnt stand up for her, well their time is coming , I believe that with all my heart.
    I’m sorry if I ran over long on this post but I had to say what was in my heart.

  4. New Bee says:

    Well looks like George is not going to get any chilli either. Cindy gonna be eating that all by her lonesome. George is going to have to move in with Lee

  5. jane says:

    I cannot take what they are doing to George…….I know they lied and its come back but what they are doing is insane and abusive and horrible
    Bring down the world KC for your killing your child….The needle is to good for you.

  6. Riverpearl says:

    In case any one is interested, posting re: trial is going on @ ‘new link”…


    Casey Anthony Murder Trial: Listen to Blink Tonight at 9PM on The Dana Pretzer Show on Scared Monkeys Radio

  7. justice23 says:

    Just is says:
    June 28, 2011 at 11:52 pm

    That’s funny My Cousin Vinny came up because I think of that too…. only because Frank George reminds me of Joe Pesci in a way

    I will say that todays testimony was quite entertaining. Mason Definitely got Kronked!!


    LOL, that’s a good one. May have to steal that one, Just Is.

    “Got Kronked” ROFL. Priceless! {:)

  8. JannyFay says:

    It was nice to see JoJo back on the stand today. Poor George. I feel like I need a shower after watching Jose Baez’s sleazy questioning of George.

  9. January says:

    I think Kronk was great.. I don’t understand, however, what difference it makes if he was excited about being famous or rich… the only thing that matters is that he indeed found Caylee. Also,why would Kronk take time to move body, etc.? If he had found Caylee somewhere else, he would have probably reported THAT location and still been able to collect reward… doesn’t make sense that he would have staged an elaborate new location… don’t get it.

    I also find Lee believable. I felt that his testimony contridicting Cindy seemed truthful.. I thought it might have made the Jury disbelive her testimony about her computer searches.

  10. daydreamer says:

    I just watched the video of George on stand and I just don’t understand
    how Baez can be so lowdown and cruel.George, I know wanted to punch him out.I was so mad I wanted to bust out the windows in my house and I am
    a calm person.He is beyond ridiculous.

  11. Justice4Caylee says:

    The only recourse for Baez is to tick George off just enough to make him lunge at Baez, in attempt to prove George is violent. Baez don’t have a chance in earth to prove anything, therefore, he is attempting to set fireworks off in George Anthony. We need to keep George in our prayers, and pray that God will keep him at peace. Baez is so unethical, and I hope the Anthony’s go after him legally, after this trial is over. Anyone who throws their own family under the bus, and lies just to get free from their own crime, makes me so sick. Justice for Caylee

  12. Merri B says:

    Before anyone totally condemns Mr. Baez to hell, please remember that he is representing a client that has said and done a number of things to make herself very difficult to defend. He took the case, and thus must do everything he can to defend his client. This was a death penalty case, so this is more than a criminal defense attorney just trying to get a client off or get a client a light sentence. He was quite literally trying to save her life. NO ONE knows if the molestation issue was brought up by Casey or Mr. Baez. That family is so full of dysfunction and secrets, no one will ever really know the truth. Mr. Baez is actually a man of principal and he took the case believing that she, like everyone else in this nation, deserves a defense, and he saw that through, despite getting paid precious little. Remember, Casey was declared indigent which puts some stern caps on what her attorneys can charge per hour, as well as every dime they get must be requested and approved by the judge. So, beforte you condemn him for simply not seeing things YOUR way (in all of your infinite wisdom), put yourself in his place.

    I want to be clear about something. I know Baez had a job to do. He did it.

    But under no set of circumstances can anyone who knows this case from the beginning, classify Jose Baez as a man of principal. I condemn him for having the ethics of an alleycat, with no disrespect to alleycats.

    The dust is going to settle, trust me, and the piper needs his cut.


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