Baez Wants Prosecutors Off the Case

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Casey Anthony’s Attorney Wants Prosecutors Off The Case



Tuesday, January 27, 2009ORANGE COUNTY, Fla. -- Casey Anthony’s defense attorney said prosecutors are not playing fair. Jose Baez said prosecutors made anonymous complaints against him. The complaints centered around negative remarks Baez’s public relations firm made against the State Attorney and the judge in the case. Baez also thinks prosecutors may be behind reports that he’s engaging in entertainment deals that are dependent upon the outcome of Casey’s trial.

Baez filed his emergency motion Tuesday night. It accused the prosecution of violating Casey Anthony’s 6th Amendment right to counsel of her choice.

Baez wants the judge to at least put prosecutors on the stand to answer his questions. He also wants the judge to order prosecutors to produce all communications involving the complaint.

EMERGENCY MOTION: Read "Motion To Recuse"
VIDEO REPORT: Baez Files Motion
EXPERT ANALYSIS: Bill Sheaffer On Latest Motion

http://www.wftv.com/news/18580690/detail.html#-

News releases spark 'surreal' legal spat in Casey Anthony case

Amy L. Edwards |Sentinel Staff Writer January 29, 2009

Casey Anthony's defense team is asking a judge to grant a legal maneuver rare in Florida: to remove the prosecutors from the case.

Legal experts and area prosecutors couldn't recall any cases in recent history in which such a request by the defense was granted.

But two Florida law professors interviewed by the Orlando Sentinel said they were not surprised that New York lawyer Linda Kenney Baden, who is working with Kissimmee defense attorney Jose Baez, made the request earlier this week.

"These sorts of motions are more common in high-stakes cases, like death-penalty cases," said Bob Dekle, a retired prosecutor who teaches legal skills at the University of Florida. "When the stakes get very high, things tend to get surreal, and things happen . . . that don't normally happen in the run-of-the-mill shoplifting and DUI cases."

Charles Rose, a professor at the Stetson University College of Law, agreed with Dekle and said things get blown out of proportion in "lightning-rod" cases such as Anthony's, in which she is accused of killing her 2-year-old daughter, Caylee Marie.

"The defense thinks in its mind that the state is trying to get them off the case or to call into question the defense attorney's credibility, hoping that somehow that will have an impact at trial," Rose said.

"What you really see is a tit-for-tat. You made me look dirty and so now I'm going to do the same for you."

In the motion, Baden addressed a Florida Bar investigation of Baez stemming from news releases by Todd Black of Press Corps Media, who has acted as a spokesman for the defense lawyer. Baden also questioned the State Attorney's Office involvement in the matter.

A Florida Bar official told the Orlando Sentinel on Wednesday that it initiated the investigation after the State Attorney's Office faxed the news releases in question to the Bar in October.

Two of those releases criticized State Attorney Lawson Lamar.

The Bar closed its file Jan. 22, finding that no disciplinary proceedings against Baez were appropriate.

Timothy Chinaris, an attorney representing Baez in the inquiry, wrote a lengthy letter to the Bar in November explaining Baez's relationship with Black.

Spokesman or not?

In the Nov. 21 letter, Chinaris stated Baez did not retain and does not pay Press Corps Media. None of the news releases in question were prepared "at the direction, or with the assistance, of Mr. Baez. None of the documents were seen by Mr. Baez before their release."

Chinaris stated that Press Corps Media was retained by a Connecticut family "who is sympathetic to the plight of Ms. Anthony and her family."

He stated that after Baez began representing Anthony, the lawyer was bombarded with media calls and "consented" to let Press Corps Media help field calls and other contacts with the media. "His relationship with PCM has been limited to these areas," the letter stated.

The Sentinel contacted Baez on Wednesday to inquire about the letter, which seems to contradict earlier statements from both Baez and Black.

In a Sept. 4 news release, Black wrote that Press Corps Media "has been retained by The Baez Law Firm to coordinate any and all media inquiries." An Oct. 17 release stated Black is the "spokesperson for The Baez Law Firm." A Nov. 3 release from Press Corps Media introducing a new media contact for the case said, "Todd will remain closest to Jose A. Baez and continues as Lead Media PMK for The Baez Law Firm."

Baez himself, in an October news conference he held to address statements Black made about the case on CNN Headline News, said, "He [Black] does not have any legal opinions whatsoever. He's simply a spokesman for our firm."

On Wednesday, Baez said Chinaris' letter to the Bar is 100 percent accurate.

"What Mr. Chinaris said in his letter is the full extent of the service they provide for us," Baez said.

He would not comment further.

The letter stated that Baez has asked Press Corps Media to let him "review and approve all future media releases."

Prosecutors: No comment

http://www.orlandosentinel.com/news/local/orange/orl-casey2909jan29,0,4457754.story?page=1