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Jun 20, 201109:45 PM

A Velvet Glove on an Iron Fist

What we've got here is failure to communicate.”  - From the movie Cool Hand Luke

    There is no better way to describe the explosive dynamic between Casey Anthony's defense team and state prosecutors. They are like oil and water; yin pitted against yang and ebb against flow in a dichotomous whirlwind of turmoil and frustration. Sitting amidst this turbulence is Judge Belvin Perry Jr.
    I think we all recognize a judge must be just, and Perry is. On Monday morning, he listened to both sides disagree over legal issues before bringing in the jury. Perry put an end to the heated discussion after almost 25 minutes. Enough, he said. He looked at prosecutor Jeff Ashton and asked him to tell him the time on the courtroom clock. 9:25, Ashton replied. Then Perry asked Jose Baez the same question. 9:26, said Baez.
    That shows the two of you will never agree on anything” said Perry, who I would bet dollars to doughnuts knew that he'’d get a different answer from each attorney.
    "It is quite evident there is a friction between attorneys,”" Perry said in what has to be the biggest understatement of the trial. "“That is something I guess the Florida Bar will deal with. And at the conclusion of this trial, this court will deal with violations, which may or may not have occurred. But it is not proper for the court to deal with it now."
    Every single person inside the Ninth Circuit Court recognizes the superior intellect and quick wit of Judge Perry. One need not be a legal eagle to notice his keen grasp of law and his ability to pull statute after statute out of his head in a moment's notice. There's not a lawyer who's ever stood before him who doesn't understand that it's downright impossible to pull the wool over his eyes. Yet Baez attempts to get one past him from time to time, and as he has in the past he's drawn a stern rebuke from Perry. The latest run-in with the judge has left Baez facing a contempt of court sanction –again.
    It's not unusual for opposing attorneys to keep information out of the hands of the other side, but Perry has warned Baez and Ashton not to play this game. Baez, however, thinks he can buy time by ignoring Perry's edicts, but he's yet to get away with anything. It's a game he plays but he'll never win. He's pitted himself against a jurist with a sharp mind and an appreciation for fair play. Baez is no match for Perry, much less Ashton, who has taken apart the defense’s case, one lame expert witness at a time.
    What is Baez trying to do, create so many missteps that the trial ends in a mistrial? Mark my words, Judge Perry will not let State of Florida v. Casey Marie Anthony slip through his fingers. He can wield a very strong hand, and there's no better time for him to take the gloves off than now.

 

 


    

 

 

Please limit comments to the blog's subject matter. Comments containing profanity and/or personal attacks will not be published.

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Comments, page 1 of 3 1 2 3 Next »
Jun 20, 2011 11:14 pm
 Posted by  Anonymous

Ms. Drane-Burdick and Mr. Ashton are passionate about justice for Caylee.

This is about an adorable toddler who is gone too soon by the hands of another. Jeff and Linda get it. The defense team is all about getting her murderer off, no matter what it takes.

Jun 20, 2011 11:22 pm
 Posted by  Anonymous

From Dave's article:
"It's not unusual for opposing attorneys to keep information out of the hands of the other side, but Perry has warned Baez and Ashton not to play this game."

This is totally incorrect. In Florida, during the discovery process, all information regarding evidence, witnesses and any other trial presentations are to be exchanged or shared between the parties during pre-trial. That's why Baez is in trouble. He violated discovery rules. Florida does not permit trail by ambush or surprise.

Jun 21, 2011 12:50 am
 Posted by  Waterfall

I will just say again Dave, this is a wise post. I commented a little more with that and it has not posted.
But for some reason it happens a lot to my comments. Perhaps I do not hit the button hard enough.

Also I have commented a lot today on your subjects because I was reading and catching up. Will
not be able to do so much in the next coming days, will have to miss some of the trial, unfortunately.
Too bad for me because it is most mind examining. Also, unfortunately, this trial has become mostly about the attorneys and the judge, instead of both sides keeping in mind that a child is dead and there
are facts that need to be brought out. In my one opinion, those facts, if they are to finalize Casey's life,
certainly should not leave a question in the minds of the jurors. They have a job to do and the attorneys are responsible for what they receive to base their verdict on. There too is question if they will be able to reach a decision and the judge himself may hand out Casey's punishment. I hope it does not come to that. Anyway Dave, you are doing great work by your attendance and bringing us much to
consider.

Jun 21, 2011 03:06 am
 Posted by  Anonymous

Judge Perry is a wise owl whoo loves Justice and "His" Jury! This is how a Court Room should be run. I love watching the wheels spin in his head and the quiet precise delivery of his decisions. Classic was his announcement to the Jury on Saturday of the reason for the sudden disappearance of the Defense Witness-"we are accommodating an out of town witness" Truth, but not the whole truth to keep the Jury and the process unsullied. I would not want to be on the receiving end of any of His Honor's pursed lipped sentences that contain the word "forewarned" He is the Zenith of Judges, yet would be just one of the guys at your BBQ. We (knowledgeable trial watchers/live feed)respect and love this wise owl!

Sincerely, Senior Citizen, British Columbia, Canada

Jun 21, 2011 05:27 am
 Posted by  Dave Knechel

Anonymous JUN 21, 2011 12:22 AM - It's not unusual. I didn't say it was the right thing to do or that it was legal, but lawyers try to get away with lots of things if they see an opening. I will say that it happens more during hearings than it does when the trial is underway.

Jun 21, 2011 05:34 am
 Posted by  Dave Knechel

Hi Waterfall - I don't know what happens to your comments. Yours are published when they are seen in moderation. You're right on the mark that the trial is about a dead child and a life hanging in the balance. Judge Perry said it best. There's no room for game playing with so much at stake.

Thank you for enjoying this post. I hope the next few days are a good thing. Trust me, there are days I wish I could miss the trial, too.

Jun 21, 2011 05:36 am
 Posted by  Dave Knechel

Hi Anonymous JUN 21, 2011 04:06 AM - You hit the bull's eye with your assessment of Judge Perry.

Jun 21, 2011 05:38 am
 Posted by  Dave Knechel

Hi Anionymous JUN 21, 2011 12:14 AM - At times, it's unfortunate that this is the way the justice system works, but this is the way criminal defense attorneys perform their job.

Jun 21, 2011 07:07 am
 Posted by  Anonymous

Good Morning Dave again another wonderful article and to the point, it is a strategic game of chess no pun tended, but I as many feel that it is intentional the moves Jose Baez is playing, His gigantic ego is showing, when he addressed the court yesterday by not owning up to his behavior showed through, has his passed complaints that ended with no further investigation into the claims of misconduct given this man a God like inferior ego? Could he be gambling on the fact no matter what he does he will not be touched? Or has he caught that future hopeful Show Biz bug, like LKB ? A NG wannabe ?

Jun 21, 2011 07:08 am
 Posted by  Mary Jo

I believe Jeff Ashton had every right to let JP know that Baez again did not give the prosecutors the information on his experts that he was supposed to in the time frame required. He can't ask an expert questions that is on the witness stand if he doesn't have any idea what he is testifying too. It was also wrong of Baez to just send that witness to Ashton's office expecting to be deposed when he wasn't given a heads up and didn't have the court reporter there to take it all down.This was another deadline that Baez missed and I truly hope that JP holds Baez in contempt at the end of this trial. I think Baez is doing this on purpose and really doesn't care if he gets disbarred or not. I think this is another delay tactic that he is using too. He knows his client is guilty so he is trying to delay it as long as he can. He may also be trying to have a mistrial declared so it can start all over again. Judge Perry will never let that happen. Judge Perry knows exactly the games Baez and company are playing and he will not allow it. If I was Baez I would be very careful what he does from this point on. Why Mason is sitting idly by and not directing Baez is beyond me. Mason at one time had a good reputation, but after this case I think it will never be the same.
Ashton had the right to ask to have some time for him to look over the deposition of Mr. Rodriquez since he didn't get it until late on Sunday and that was granted by JP.

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About This Blog

'Marinade Dave' Knechel

Dave Knechel has been blogging about the Casey Anthony case since late 2008, drawing readers from all over the world. Best known as “Marinade Dave,” a nickname he got when he made marinades and also blogged about marinade recipes, Knechel is on assignment to blog about the case exclusively for orlandomagazine.com as Anthony goes to trial for first-degree murder. His posts will appear regularly on this site.

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