Caylee/Casey Anthony Trial BOMBSHELL: JAMES CHENEY MASON IS OUT- REAL OR RUMOR?
Orlando,
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.)
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.
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.
Florida:
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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Are you kidding me? The defense managed to shut down on Saturday for competency? What good faith basis did they have for doing that? I have no legal background, but this seems so late in the game for such a ploy.
A possibility:
I want to be released from representation, based on my clients competencey being called into question.
Ok, then, based on your assertions she may be incompetent, let’s see if she is, and if she is, you take your seat.
B
ICA does NOT look too happy after JP ruling she IS competent !!!
3 court appointed experts found that she is competent
Oh My God-
She was tested for competency by 3 independent Dr’s.
Why would they wait till now to have her tested? Did an issue arise that they thought showed she had mental issues or was crazy, unable to stand trial, that she wasnt competent?
Blink is this usual, to test for this -this late in the game?
I have always believed that she wasnt crazy not certifiable…She knows right from wrong- but just doesnt have a conscience.
AJMO
There is no doubt in my mind this was a cya motion based on the dissention between counsel.
Judge Perry has them all lined up in the backseat again, sigh.
B
HHJP has found KC fit to continue …had to appoint 3 phyc to evaluate her , apparently…
So, Saturday Casey was evaluated Saturday and Sunday after defense filed a motion re competency? This was Mason’s doing or was this why Casey was so angry?
Thanks, Blink, I think Mason would have gotten much further if he questioned Baez’s competency!
” A possibility:
I want to be released from representation, based on my clients competencey being called into question.
B
AAaaa,thank you , Blink ! Competency of the client
Can anybody enlight me what happened Fri ? KC lost it ?
So Blink . . . are you thinking that CM is embarrassed by this case (and his huge blunder on Friday), that instead of skipping out of court with KC to her freedom, he has now completely tarnished his record to a point that he cannot redeem and wanted OUT?!?!?!
Looks like Baez is trying to impeach YM.
I think Mason did not do proper diligence into this case before signing on, and I believe he has since learned Baez is one shady lawyer who could care less if he never practices law again once this over.
I think the issues between the lawyers caused an extreme reaction in their client, and whoever was not “winning” motioned for the competency hearing.
B
i sure love how Yuri testifies! he is certainly holding his own and then some with baez, love the looks on his face as baez questions him, the jury has to adore him as we all do, definitely one of the few Truth keepers in this case, Caylee is lucky to have him
Ok… here comes Joy Wray and her mental problems into testimony…. Baez attacks Melich for getting Wray’s computer and Moralez’s computer, but not Kronk’s computer…
Here comes the confusion defense.
Why would a competent defendant choose Baez as their lead attorney? That alone should be enough to invoke a court-ordered evaluation.
Sorry, but I’m serious. And, at this point, I wouldn’t be surprised if CM agrees.
Thanks for your response Blink
Ha- I can picture The D- Team in the back seat and J Perry driving…
Dont make me come back there! Dont make me pull over! They made him pull over….
AJMO
The extra photo Baez is showing Yuri is photo one of the assistant’s was showing ICA while most of DT, STATE & the Judge were out in side room this morning … hmmmm
When are they going to have a competency hearing on Bozo? He’s trying to make Yuri a liar. Good luck with that.
Oh gads, up @ the easel to get Yuri to circle a overview photo “where Anthony home & Caylee remains recovery site” ….
jb soooo likes to get witnesses to “step down” to him …
jane says: @ June 27, 2011 at 9:01 am
OMG they want her declared INCOMPETENT
———
Another last desperate attempted grasp by the sleazy fingers of the defense team at ANYTHING that they can try to use as a defense theory.
They’ve got to run out of spaghetti to throw at the wall eventually, right?
They have NOTHING.
Interesting … at one point when most lawyers in the back with Judge Perry, Casey was sitting alone with William “the thwarted” Attorney.
As they both leafed thru and pointing out pages of the thick packet of new papers (I assume the 3 psych doc reports)- Casey held the papers partially over her face and was actually laughing at something that was written on some page of the reports.
Just another day at “the office” for Casey. lol
Could she have possibly thought she had fooled another sucker?
Nope. The gig is up.
Competent baby killer.
So nobody knew on either side except Judge Perry what was in the envelopes until this am, and that was the source of amusement for her?
B
did someone confirm that dom is there this a.m.? please tell me it’s so, would baez really want to go there? hope so…right Blink? that would sure open some doors
he is there
B
All of these DT over sized photos, easel, calendar .notepad etc will IMO be “part of jb’s closing” … to “raise his voice & snap his little index finger @ such ‘n such that this or that witness wrote/circled etc on” …
Does he know we are in the 21st century court rooms ? Is this more jb ploy to “we, the DT are pro bono” ??
AJMO
Blink Replies:
June 27, 2011 at 9:06 am
A possibility:
I want to be released from representation, based on my clients competencey being called into question.
Ok, then, based on your assertions she may be incompetent, let’s see if she is, and if she is, you take your seat.
B
—–
June 27, 2011 at 9:11 am
There is no doubt in my mind this was a cya motion based on the dissention between counsel.
Judge Perry has them all lined up in the backseat again, sigh.
B
—–
June 27, 2011 at 9:18 am
I think Mason did not do proper diligence into this case before signing on, and I believe he has since learned Baez is one shady lawyer who could care less if he never practices law again once this over.
I think the issues between the lawyers caused an extreme reaction in their client, and whoever was not “winning” motioned for the competency hearing.
B
—–
Thank You Ms B – for helping to make sense out of this crisis in crazy-town.
Makes perfect sense that this is what went down since Friday.
Mom 3.0 …
So love your post.
I now have the image of Judge Perry in the drivers seat, yelling at the defense team in the back seat “Don’t make me pull this car over!!”
And HHJP did just that … he pulled the car over.
We’re now back on the road again – until the next ruckus from the back seat dummy’s.
I’m assuming by the parade of yellow drawings, that there must be something in there that the investigators all missed…another car, location of something, etc. Baez will then whip this out of his hat to show how incompetent the investigators are and how they only focused on poor KC. I think LDB just picked up on it.
WRT>
Mom3.0 says:
June 27, 2011 at 9:11 am
Oh My God-
She was tested for competency by 3 independent Dr’s.
Why would they wait till now to have her tested? Did an issue arise that they thought showed she had mental issues or was crazy, unable to stand trial, that she wasnt competent?
Blink is this usual, to test for this -this late in the game?
I have always believed that she wasnt crazy not certifiable…She knows right from wrong- but just doesnt have a conscience.
AJMO
There is no doubt in my mind this was a cya motion based on the dissention between counsel.
****************
Judge Perry has them all lined up in the backseat again, sigh.
B
********************
Blink, your comment is hilarious as usual. lol
Lol, one of three girls, I remember those quiet drives home after the pull over “chat”. Thank God Mom did not have longer arms.
B
One of the things many inmate do is try for incompetency & the 3-evals & hearing, which all slows down or stops court proceedings.
IMO we have seen ICA “use feeling ill” as a way to stop the trial for the day. So ICA having a fit on Fri & Sat w/CM blunder … can you imagine “how she thought the trial would go [in her favor] & pondering the trial is going against her” ?
Think how all this stops ‘n starts must be maddening for the jury ….
AJMO
“I can tell you right now, this is a “how I don’t get sued when this is over” by Cheney Mason.
B”
Hmmm . . . interesting, my perception of the accused’s mother demeanor at various times in the gallery was one of blaming EVERYONE ELSE for her daughter’s predicament.
O I agree, I was referring to Mason’s predicament and perspective.
B
Riverpearl says:
June 27, 2011 at 9:29 am
The extra photo Baez is showing Yuri is photo one of the assistant’s was showing ICA while most of DT, STATE & the Judge were out in side room this morning … hmmmm
*********
I bet we see this photo w/ Dom Casey
Riverpearl says:
June 27, 2011 at 9:44 am
All of these DT over sized photos, easel, calendar .notepad etc will IMO be “part of jb’s closing” … to “raise his voice & snap his little index finger @ such ‘n such that this or that witness wrote/circled etc on” …
Does he know we are in the 21st century court rooms ? Is this more jb ploy to “we, the DT are pro bono” ??
———
I know, what a joke.
Courtroom #23 is a specially equipped high tech dream workspace for attorney’s.
Baez with his crayons and his weasel-easel are just so incredibly lame.
It’s all about power for Baez. IMO.
He hates having those witnesses sitting way up there speaking down to him. MOO
I really thinks he takes delight in making a professionals (PhD, detective, MD, etc), step down and make a mark on his stupid poster board.
“Is it your testimony that this is your drawing from the other day?”
Really Bozo?
The questioning regarding the dog deployment is to impeach Forgey when he said he deployed on a blue car in the pkng lot. Next he will be up I bet.
HJBP looks mad after break
LOl, what I wouldn’t give to cling under his robe, in a non-creepy but I GOTTA KNOW kinda way.
B
Lol, one of three girls, I remember those quiet drives home after the pull over “chat”. Thank God Mom did not have longer arms.
B
LOL Blink- your mom didn’t do like mine, did she? “Do you want me to stop this car, pull your pants down and spank you on the side of the road?”. By the way..never say “uuuhhh…I think NOOOO” LOLOL Weird- must of been something the grandparents said to her, because it wasn’t something she ever did. Thank God.
We’re getting an art review from previous hearings. Baez..judge Perry should take that marker away from Baez and make him write on a board in the back room…1000 times “I will never make another witness draw during testimony”.
No, I never got the pantsdown spanking, we got the arm looking for hair to grab from the front if it got that bad, lol. My Mom may have raised her voice maybe 2x in my life that I remember, she never had to, she had “the power”.
B
What does the “I” in ICA stand for? Is it “Inmate”?
I’ve seen it used a lot at the In Session blog and occasionally here at BOC.
Yes.
B
Blink when you say:
This type of activity is unheard of. If this case goes to verdict I will be shocked.
B
If you had to guess — would you say plea deal or a mistrial?
The M word, but I hoping for the best, and staying positive.
B
And here he is…Furtive Furton…aka Niles Crane
lol lol.
not for the faint of heart, contains the phrase.. screwed the pooch.
http://blinkoncrime.com/2011/04/05/cayleecasey-anthony-case-testifryeing-and-rancid-rubbish-recitation-resumes/#more-5135
B
Dr Furton Up- I wonder if his new testimony/slides will be allowed in?
Is it just me, or did JBaez do more harm to his own expert , Dr. Furton, by questioning Dr. Vass and Wises invention and patents- since his witness also is looking to get “rich and famous”, at least by JB thoughts to same- when speaking of patents & Dr. V and Wise….
Sammy – Hey – me too- I can picture them all waiting squirming in the back seat- back on the road again-
Are we there yet?
AJMO
i remember each and every car ride we took growing up – 6 of us total, 4 girls in the bunch, my Dad never liked to stop for us to go to the bathroom! i’m the youngest and had to sit squished up front between Mom and Dad, always had to go too! we grew up on a farm and almost never got to go anywhere( wonder why?), so i remember the pull over game, use it on my own kids – doesn’t work the same, Ha! and don’t get me started on Dad in the drive thru!!! sorry O/T but this made me smile!
Ha! Screwed the pooch indeed…
Wondering what’s up with the snuffling chuckling thing Baez is doing with this creepy little man…
And the insult to Thwarted…”let a kid show you” re the computer
Hey Baez…the “kid” just saved you more torturous fumbling mummbling snorting into the mike minutes
My God, how that man makes me cringe grimace swear contort.
Casey Anthony Trial possible outcomes -Sentencing
The DeWitt Law Firm put together this infographic of what might happen in the Casey Anthony Trial.
http://www.baltimoresun.com/news/nation-world/os-casey-anthony-trial-possible-outcomes-062411,0,5655630.htmlstory
Thank you once again for spot on assessment. After reading a few posts here. The old “oh now I understand” hit me. The inmate has been rapt by the material she is reading this morning. It is her psych reports. Duh to me, slow today Monday morning, Right! She loves any kind of attention, sad.
Giggle about the car Blink. Some things are universal the backseat line up is one of them. My mum did have long arms. LOL
Thank you all for the links.
Oh shit
and here comes the easel
excuse me while I go find a brick surface to bang my head against
I will pass the hot poker after I get both eyes.
B
When do you think Judge Perry will announce his decision on Anne Finnell’s motions filed this morning?
HHJP is the perfect man for this trial.
He seems to always be juggling at least 3 or 4 new hot potatoes in the air at all times.
His mind is like a walking law school library – able to cite specific case law (the exact relevant cases for every decision) with amazing speed and relevancy.
And he does this all with such finesse and style.
You can just tell he loves and respects the law.
God Bless this man.
I’m visualizing what a disorganized mess that the defense team must have looked like over the weekend as they tried to prepare for today. lol
On a average day – that defense table always looks like a bomb exploded on it, with papers/H2O bottles/yellow sticky notes littering the whole area.
Can’t you just see these people running all over Orlando on Saturday and Sunday?
Making phone calls constantly, drafting and re-writing their new motions, sending William Thwarted and Dot Simms on wild goose chases, making sure that their client remembered to do her “special crazy” act for the psych docs that visited her. hehe
Ah shoot … they all deserve each other.
Personally, I would be thrilled if he did not allow oral arguments on it, but if he does, I am guessing it will be over lunch, or Saturday.
B
Blink-
Noticed MC is NOT walking up to hear sidebar … looks as he has taken a “back seat” since AF is @ sidebar.
He has not participated in anything today at all.
B
From WFTV:
KBelichWFTV: Defense motion about Casey’s competency is in our hands.. Getting it to our website as I write! [via Twitter]
I guess the new stuff is in- including demonstrative aids.
I wish JB would stop saying- let me stop you there….
If I were a juror I think would just wait for the cross before I even started really paying attention.
Cuz to me, not being a chemist and all, this testimony just seems to bolster Dr. Vass and his “science fiction” so I would wait to hear from The State to understand the differences….
AJMO
Could it be that the defense brought up this competency issue because they are thinking about putting Casey on the stand & wanted the results of that before they went forward with it.
It’s pretty obvious M-ass-on is done. He didn’t participate in the sidebar, AF did.
Ann Finnell went up for last sidebar, and Cheney Mason didn’t?
Really? Is there any chance that the competency hearing was because Casey wanted to fire Cheney Mason? So Ann Finnell is transitioning in?
This is what I believe. If Mason has given notice, technically he would be obligated to transition, and he certainly could be ordered to sit there and look dubious for another week so as not to have to provide an instruction or jury instruction. I 100% believe Finnell was ordered to court.
B
I know speculative, but do you think at CM’s initiative, or Casey’s? From recent interaction, I think Casey’s.
Hmm, tough one, what I am sure of is that Baez was not on board with it.
B
Sorry for splitting posts. My speculation is that Cheney Mason was making recommendations (probably wise) that she didn’t approve.
The jury doesn’t stand a chance – between the snooty Furtive Furton and Baez with his convoluted line of questioning, they won’t know if they’re coming or going when this line of questioning is over.
Good thing it’s almost lunchtime.
I guess he’s not having all that much FUN now huh? I think his pic ought to be included in the dictionary under jackass.
@ Riverpearl
All the graphic presentations for the DT are being specially prepared by Legal Graphic Works
http://legalgraphicworks.com/2011/06/casey-anthony-trial-local-firm-legal-graphicworks-brings-evidence-to-life-by-using-latest-presentation-technology/
Oh boy, oh boy . . . the expert from the Frye hearing with the
o-envy-Vass-itis.
Waitin’ on Ashton for the cross, yessiree.