Caylee Marie Anthony case: NeJame says…bad faith, bad bad faith! And smacks defense’s nose with a newspaper.

As we all know in rock-paper-scissors, paper defeats rock.  For those of us following the circus previously known as the murder trial of Casey Anthony for the cause of seeking justice in Caylee Marie Anthony’s  murder, we also know that Bobble-headed Baez and Myelin-deficient Mason have thus far used the rock as their primary weapon of choice.  In fact, recently, in a post-hearing impromptu interview Mason gave outside the Orange County courthouse, we see how this battle strategy plays out.  He states:

Uh yeah, it’s been, the public has been made to believe that these people searched the exact area, um, where the body was, or tried to and couldn’t.  The fact is the didn’t try to, and they didn’t, they weren’t there, and it was impassable at the time. So there’s a lot of people who are mistaking things of what happened back in the summer of 2008 and what happened in the winter of 2008.

*blink blink*

Translation:

Me take rock…break coconut.

Okay, at the time I stated that one of the recommended remedial actions by the defense on this issue was to just keep Mason away from microphones.  And I stand by that.

Now, the importance of this excited utterance??? (lol) was that it came in the midst of a year-long battle where the defense has been trying to get their sneaky mitts on all 4000 TES volunteers’ information.  Their motion to get these records was first filed July 16, 2009.  And since that time Mark NeJame, representing Tim Miller and Texas Equusearch (TES), has fought to keep the privacy of volunteers who were not in the specific location where Caylee’s remains were eventually found from being disclosed publicly.  Since July 16 the defense has repeatedly wielded their trusty rock and beat the court about the head and neck trying to get a different answer than what they have been given.  That answer came on August 27, 2009 when Judge Stan Strickland ruled that all records associated with 32 TES volunteers who had been identified by Mark NeJame and Tim Miller to be within 50 yards of where the body was eventually located were to be turned over to the defense and that no other volunteers’ records are to be disclosed.

Now, in that same ruling by Judge Strickland it was ordered that Mark Nejame/Tim Miller would have to allow the defense to view all the other volunteers’ records to discern if there was anybody in the immediate area that NeJame/Miller missed.  They were to flag those documents and then have an in camera hearing with Judge Strickland at which time he would determine if they got a copy or not.  That’s when the rock bashing started.  BAM!  No we want it different.  BAM!  No we want it different…ad nauseum.

Meanwhile, back at the offices of Mark NeJame…the defense continued to NOT show up.  They did, in September 2009, call to inform NeJame that they were sending  “The Presentation Group” to make copies of all 4000 volunteers’ records.  NeJame immediately called TILT and pointed out that was not what Judge Strickland had ordered and that they needed to make an appointment to review and flag any documents so that those documents could be reviewed in camera by the judge and a ruling made case-by-case.  More rock-wielding.  BAM!  No that’s not what we want.  BAM!  No that’s not what we want.

On April 23, 2010 Baez and Mason finally showed up.  An outside monitor was assigned to oversee the review of the documents.  Baez showed up with 2 hours total to review documents (of 4000 people) saying he had another appointment to get to…colonic irrigation, or media interview, or something…not sure of the all-important other appointment, but he had one.  But nevertheless he and Mason were very productive in that 2 hours.  They flagged several volunteers’ papers who had searched in areas 300 yards to 8 miles away from the location of Caylee’s remains.  Good job with that rock.

And then on June 21st Mason took the mic outside the courthouse and made his now infamous coconut-bashing statement.  If it can actually be called a statement.

In the recent hearing held on various matters including the defense’s newest motion to try to get the court to reconsider Judge Strickland’s ruling on the TES matter, the hearing began with a sidebar concerning the TES matter.  At the end of the lengthy sidebar discussion, Judge Perry stated that NeJame could now file a motion on bad faith.  And everybody wondered what that was all about.

Well, if paper has teeth, NeJames’ Motion to Quash the defense’s application for subpoena duces tecum (i.e. their motion to get their mits on all 4000 searchers’ records) has a bite that surely is going to leave a permanent mark.  Not only did he cover the defense’s rock, I think they are collectively suffering a deep papercut at this point.  NeJame detailed the shenanigans of the defense over the past year and illustrated how they had never taken the review of these documents serious, and then summed it all up by quoting Cheney’s rambling soundbite that illustrates they don’t even think any searcher was near Caylee’s remains during the TES searches in 2008.

I think NeJame has done a hell of job showing their bad faith in this matter, but at the same time, I wouldn’t be surprised if Judge Perry errs on the side of the defense.  He doesn’t want this to be an issue that could be brought to the appellate court (an issue NeJame also addressed in his motion).  BUT, I suspect this time Judge Perry is going to cheat in the rock-paper-scissors game and pull out his jackhammer.  I suspect the judge’s ruling on this will be to first break that rock into little pea-size pebbles and then set a FIRM date…no negotiation, no shenanigans, no more stalling…on which the defense will be required to show up, make their review, and flag the documents.  And I also suspect the defense will pepper the court with their new pebbles and flag people there is no way the court is going to agree to allow them copies on (like someone 8 miles away).

Just my guess….but I think that’s how it’s going to go down.

Valhall.

Related posts:

  1. Caylee Anthony case: Conway will no longer represent Anthonys
  2. Caylee Anthony case: Why Baez wanted the phone call suppressed…
  3. Miscellaneous Topics on the Caylee Marie Anthony Case
  4. Miscellaneous Topics on the Caylee Marie Anthony Case – Part 51
  5. Miscellaneous Topics on the Caylee Marie Anthony Case – Part 53
  


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