Caylee/Casey Anthony Trial BOMBSHELL: JAMES CHENEY MASON IS OUT- REAL OR RUMOR?
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.)
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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Salami wrappers contain the same compounds as in Dr.Vass’s report. Salami ‘wrappers’. The same empty plastic wrapper with contents as a ‘piece of paper’ only in it?
What synthetic polymer used in the food packaging industry, breaks down into butyric acid? (don’t answer that… !)
Noticed that Dr.Furton referred to a newly published student research paper, as a ‘dissertation’, yet he said this was a ‘grad student’. I guess that’s fine, but it does tend to make the jury think maybe that dissertation = post grad student, ie: doctoral candidate. And just where was this published in the last could weeks? Peer review or other?
This came up in pre-trial, iirc, this student heavily references Dr. Vass 2004 and 2008 work, so I am clueless why he wants to dredge this up again.
B
Looks like Ashton is giving Bozo another ‘lawyer 101′ lesson at the sidebar, at the expense of us Florida tax payers.
Ok so this could not be the official reason for trying to be declared incompetant but maybe a ploy to get out of proving and or pursuing the accusations against Lee and George since they are all on the same team again soooo…or just another ploy to buy time. This trial will eventually have to end.
Side note I have wondered what dear KC will do when this does end. No more media, attorneys, etc. and she has nothing but day in and day out in her cell. Right now she is still getting attention.
Someone should tell JB that cadaver dogs alert to, well cadavers, not to vehicles. So it does not matter if there was 1, 2 or a gazillion. It is not like a line up and you only have one person up there. geez.
CM should have retired along with Dr. Spitz and their bug lady expert. I think they all got into this for the publicity etc. CM actually asked one of the prosecutor witness “are you ready?” as if he were going to take him to the cleaners and then nothing but a fizzle. I have not seen anything remarkable from him during this entire trial. I really do not think that he was trying to get out at this point.
Blink, I was also one of 3 girls in the backseat. There was no pulling over on our road trips growing up. My dad would only stop for gas and to answer to mother nature. The shorter trips on the other hand were a completely different story. All kinds of threats lol. Thank God I am now in the front seat.
LOL
B
Hope the state emphasizes the point, brings the foundation, to show that there was NO salami or tobacco, or…. etc.
WPG, someone might just get a ‘Vass-ek-tomy’ by Jeff Ashton. Hope he’s had the time… Baez has been highly successful in delaying their information from experts, until last minute.
Well, JA @ sidebar is very “upset w/head shaking & some arm/hand shaking” … jb trying to get “info from witness that started this sidebar …
jb will “agree” to anything but “underhanded sneaky tricks” to get something in …
AJMO
Thanks for the student clarification, Blink.
Here we go into the “scarey chloroform’ in our homes…. World Health Studies…. objection re WHO studies sustained.
chloroform in Velveeta?
Hi Blink,
Wondering if you have you heard that is was a rejected reasonable plea deal that made CM question her competency? Maybe start looking for a way out?
That is one reason it can be requested, but no, I do not believe that is the case.
B
I would have loved to have been a fly on the wall when those doctors did the competency questioning on Casey. I’ll bet they got their monies worth from those sessions. I wonder if Casey thought she beat them.
If Cheney Mason is able to transition off the defense team he should count his lucky stars.
This trial hasn’t been as “fun” for him as he was bragging it would be.
A near 40 year career forever tarnished – b/c this trial will be the legacy that people remember him for.
Whoever is left standing on the defense team better watch out.
I think that once Casey is convicted she’ll start making accusations against those that tried to help her and begin to file lawsuits against them.
Plenty of time in her 6×10.
Baez is the man with the biggest target on his back.
She’ll claim improprieties and all kinds of things.
When Casey goes down – she’s taking everyone with her. No one’s left standing.
Are we going to see the emergency mental evaluation of Casey that has been supplied to both defense and state, or is that already sealed?
Bill Shaeffer is commenting on interpretation of Finnell’s presence– maybe to help whatever problems existed between Mason and the team. But risky seeing her in this phase, especially as Finnell only had a role in jury selection apart from the other voire dire examinations of the ‘defense’. Risk of over exposure of the mitigation lawyer in this phase.
Wow sorry if you want to delete my last post. I tired to erase half of it but it looks like its still partially there!
What I was meaning to ask is if you have heard if there was a reasonable plea deal on the table that ICA rejected. And this caused CM on Saturday to question her competency? (he was over heard yelling in the holding room correct?) And start looking for a way to step out or step down.
Sorry about the messy message.
Thanks – Heather
RE: nana2 says: June 27, 2011 at 11:07 am
@ Riverpearl
All the graphic presentations for the DT are being specially prepared by Legal Graphic Works
nana2~
I’m @ a lost to your post to me.
-AND-
KBelichWFTV: A couple jurors are smirking after defense objects to state’s objection and Chief Judge Perry cut Baez off and told them to go to bench [via Twitter]
Jury back @ 1:45pm & Court back @ 1:30pm -issues to discuss
Competency Motion: http://www.wftv.com/pdf/28368878/detail.html
Yep, motion containing one signature, J. Cheney Mason.
B
Whoa, interesting read “Competency To Proceed” …
Translation: it is not coming across to her counsel that she is fighting for her life. She is not entertaining the idea she is looking at life or death, or anything not synonymous with the life she created for herself after offing her child in the first place.
B
@ Riverpearl
I’m sorry I thought you had a question on the graphics & the presentations that the DT was using & just wanted to let you know that they are using an outside firm for those goodies.
Kleat says:
June 27, 2011 at 11:12 am
“WPG, someone might just get a ‘Vass-ek-tomy’ by Jeff Ashton. Hope he’s had the time… Baez has been highly successful in delaying their information from experts, until last minute.”
Kleat! LMBO! Right on!
Kleat says:
June 27, 2011 at 11:11 am
Hope the state emphasizes the point, brings the foundation, to show that there was NO salami or tobacco, or…. etc.
———-
Oh I bet Jeff Ashton will do just that.
Remember last week when he opened up the box that contained the contents of the trash bag?
Right there in front of the jury, he went thru each + every individual item in that bag and made his point that what the defense witness said was in the trash – was NOT.
Classic visual move by Mr Ashton – hope he does this on Cross with Furton too. lol
Kleat, Ashton took his depo Saturday . . . oh, yeah he’s had the time.
Emergency/pysch docs/pdfs up on WFTV .
Blink, could any of this have been brought up by lee? i’m sure he knows/watches when not in court, maybe that meet and greet w/ def. was a brothers heads up that something is not right w/ her? or was his issue something else? i have read this order and tried to check out drs. listed, only found reasonable info on(quickly not real in-depth)Dr. Ryan CW Hall, he seemed to have a decent education – but what do i know!? did the Judge pick these? h*ll i have my own mental issues, Ha!
I think J. Cheney Mason has had it up to his well manicured beard with ICA’s lies. I’m sure she continues to come up with lies to try and counter balance testimony that is damaging to her. Maybe even he even did a bit of research after Cindy Anthony perjured herself on the stand and realized that she perjured herself on the stand and just couldn’t take it anymore. All I know is he looks like one unhappy camper today. I also noted that during testimony ICA is kind of “by herself” none of the attorneys huddling around her to “protect” her.
Ohhhhhh, my son called me on a Waffle House trip I put off from last week. Gone from start of Furton. Did Ashton cross yet?
I wondered if any visitations to OCJ Friday night might show if there was ‘activity’ that may have anything to do with Saturday’s sudden announcements? I dont have link handy anyone know where that is listed?
i also have this visual of the whole bunch(def.) on a boat, standing around, mason is distacting them all, he points over horizon – ooooh look, shiny things, blah,blah,blah – they all turn to gaze off and mason starts lowering safety raft and has one leg in before he’s caught and dragged back on the boat – he’s not having any fun anymore
Maybe the DT is “hoping less kid-gloves handling of ICA will shake her up ?”
But ICA is still @ times doing note writing/passing that she started last Thur/Fri …
…little behavior of ICA is starting to leak out … slowly but it’s starting to show,
[the video of her baring her teeth another example]
Totally agree the “musical chairs” today w/ DT seating seems to have changed up the dyynamics so to speak …
AJMO
________________________
JannyFay says:
June 27, 2011 at 11:48 am
I think J. Cheney Mason has had it up to his well manicured beard with ICA’s lies. I’m sure she continues to come up with lies to try and counter balance testimony that is damaging to her. Maybe even he even did a bit of research after Cindy Anthony perjured herself on the stand and realized that she perjured herself on the stand and just couldn’t take it anymore. All I know is he looks like one unhappy camper today. I also noted that during testimony ICA is kind of “by herself” none of the attorneys huddling around her to “protect” her.
Riverpearl says:
June 27, 2011 at 11:27 am
Whoa, interesting read “Competency To Proceed” …
Translation: it is not coming across to her counsel that she is fighting for her life. She is not entertaining the idea she is looking at life or death, or anything not synonymous with the life she created for herself after offing her child in the first place.
B
———————————————————–
Casey Anthony is indeed competent and the epitomy of “pure evil”. I hope she enjoys her jail cell for the rest of her pathetic life. Hopefully there will not be a mistrial. God bless Caylee’s soul. She is free from the monster.
after viewing the video that has been posted on this board regarding Casey changing her demeanor. Perhaps CM was startled by her angry outburst because shortly after she became so angry court was put in recess until today.
Ok so the amount of chloroform is relative. Cleaning products, velveeta cheese, tobacco. If I remember correctly Dr. Vass comparison which prompted his “shockingly high” comment was because chloroform in decomp is found in ppt not ppm. JA made it a point to say “million, billion, trillion”. I am thinking this will be pointed out in closing. Talking heads were mentioning that both states witnesses and I do not recall the name of the FBI person, that they contradicted each other. There was not contradiction. FBI person clarifed ppm. So again it is all relative. Or maybe Cindy will get up on the stand and try to say that she used chloroform to get the smell of the dead body out of the car since the febreez and dryer sheets did not work.
JA will tear it up. Cant wait for the closing arguments.
My vote on this Competency Motion and exams by the mental experts is that she is wanting to testify. I am thinking CM did not want her to do this. I could be wrong. It is odd that CM is being so quiet and AF is in there today seemingly taking his place. I have not seen DS but have not been watching full time. There is no doubt that Casey lives in a fantasy world, is a narcissist and psychopath but she is sure well enough to participate in this trial. She seemed very interested in her mental reports. I feel her family thinks she “needs help” and are willing to forgive her because they think she has mental problems. Cindy needs help herself in addition. I hope she seeks help for more than tranquilizers. All JMO
Maybe they were concerned about this?
http://www.youtube.com/watch?v=9WmWhzFLgyM&feature=share
Mark Eiglarsh tweet earlier this morning regarding competency motion by defense:
MarkEiglarsh Mark Eiglarsh
I think Casey wants to testify in spite of her lawyer’s feelings to the contrary. When she didn’t get it, I suspect they had her evaluated.
Seems about right, doesn’t it? Casey thinks she knows better than anyone, including her own lawyers who she believes are dumber than a doornail. Okay, Baez may in fact be, but I highly doubt Mason and Finnell are in the same category, but I may be wrong.
Riverpearl says:
June 27, 2011 at 11:24 am
Competency Motion: http://www.wftv.com/pdf/28368878/detail.html
Yep, motion containing one signature, J. Cheney Mason.
B
———
Well that ONE signature says it all.
Confirms what you have explained up-thread – as to what had happened.
btw Blink … sure is nice to have you playing here “live” with us for today’s proceedings!!
Fascinating stuff in this courtroom.
Thank you, lol, not always possible but I try.
B
I think the competency motion could have been cause by one of two scenarios…
1)She has decided to testify going against Mr. Mason’s advice, and quite possibly wanting to testify to some outlandish things.
or
2)She’s been making statements to others trying to bolster her defense after the attorneys have told her not to speak to anyone concerning her case.
Either way, It all points back to a part of her sociopathic behavior!
JMO
Blink, I just read the order to have Caseys head checked & the first thing that popped into my mind was this… I saw Mark (the young good looking lawyer who has been on Dr. Drew lately regarding this case) Mark, amoung others, have said “Jose may be crazy enough to actually attempt to put Casey on the stand but CM has too much experience & would NEVER let that happen.” Could this be CM’s way of ATTEMPTING to keep Baez from putting her up on the stand for JA to tear apart?
Thanks
Right on Steph G,
Before Mason was part of the defense, he stated there wasn’t a snowballs chance that she would be allowed to take the stand. I firmly believe she has insisted on testifying and the defense must take the necessary steps to protect themselves. This woman will pay for what she has done
could her parents have requested the compentency hearing in a desparate move to save their daughter’s life?
With much respect I would request that readers read the thread comments before posting a question please?
It is moving very quickly today, and I will not be able to get to everyone and I know sometimes folks think I am ignoring them, not the case, I just have very limited one to one trial time today.
Thanks.
B
Once again jb talking back to JP & his ruling …
jb does not want to follow what has been agreed …
Now jb is going out to “talk to his witness” …
geez’ every time DT has a “witness” we spend sooooo much time just getting them to “comply” w/JP orders …. does jb think the Judge &/or the STATE is NOT going to notice ???
Oh now “proffer” w/ less than 3 mins for the jury to return ….
…sigh
I think there is a difference of opinion on the defense team as to whether Casey should testify or not. Since Mason was the only attorney from that team to sign the competency order I guess Mason does not want her to testify & Baez feels its ok for her to testify.
Blink I had to leave Any way you can write 2 sentences of what took place this am please
I cannot catch up
Thanks Thanks
OK Kathi Belich is covering her mouth with her hand to hide her laughter……
i just don’t think the def. will make any progress w/ furton, end it baez, bring on hoover/dom, the jury will sit up and listen – won’t help your case any, but at least they won’t be bored out of their minds – all these stops/starts, no flow what so ever, at least give them something juicy to chew on and not have to wait for the highlight of the day – Dessert Lady!!!
Blink -
HELP! Just last week I asked you to “say it ain’t so” regarding this case being declared a mistrial. Now I read that you will be surprised if it goes to jury.
Why did your opinion change?
JB is a creep!!! He just went through this whole big thing about how he knows he can’t talk about the so-called studies to back up the forensic chemist’s opinions, and then asks “are there studies backing up this?”
Freakin’ unbelievable.
Sorry… need to vent.
AND JB continuing to talk to judge AFTER the judge as said overruled. Driving me nuts!!
I wonder if Mrs. Furton uses a dry cleaner with chloroform stain removal to get the tire tracks Ashton left on the good Dr’s suitcoat.
WOW.
B
Well jb is over for now w/Dr Furton w/jury present…
JA just pulled out the tire cover & showed back …
JA is “ready to rumble” ….
I continue to be impressed by Ashton’s sound comprehensive of basic scientific principles. He doesn’t let the details distract him from the basics. I’m sure he has experts helping him, but nevertheless, he is great on this in court.
Ok, JMO but Dr Furton “seems to rely only on other’s research/opinons but he does NOT seem to do ANY first hand research himself” ….
JA actually knows more then this guy about “compounds/ inter-action” …
Dr Furton “stumbles w/trying to answer to get his response to what jb wants him to get in” …. he did no testing just “reading papers of others NOT connected to this case” ….
I can only imagine what the jury thinks of this guy …. geez.
AJMO
love Ashton’s cross of this furton guy – he is excellent!!! as if i even completely understand all the science involved – IMO he has him running around in circles – unsure of himself, not confident at all to me, Ha! I love this – he makes this guy seem like a casual reader of some chemistry mag – nice color coded chart too! ooooo all the pretty colors…maybe one of his “students” advised him to do that
A must see! How did Headline News miss this? Would LOVE to know what she’s mumbling about … any lip readers here? Whatever it is, Casey’s PISSED! Speculation is she was PO’d at Jose, but some say her anger is aimed at LDB. Can anyone tell which it is? I can’t.
“From June 24th, 2011 just after coming back from sidebar with Cindy on stand. Baez had asked about baby shower, Cindy says she told him yes that’s why I said baby came a month early. The baby shower was after the birth.
Then Baez tried to enter a photo and was denied from Linda’s objection following the sidebar”
http://a8.sphotos.ak.fbcdn.net/hphotos-ak-ash4/269573_244108232272988_1747314…
http://www.youtube.com/watch?v=9WmWhzFLgyM
Sorry … photo link wouldn’t work. Try this one:
http://a8.sphotos.ak.fbcdn.net/hphotos-ak-ash4/269573_244108232272988_174731405877338_1141925_7076246_n.jpg