Losing his round of judicial dodge ball has defense attorney to Casey Anthony muttering something about mincemeat. “Anonymous” from the State’s attorney’s office, who apparently takes their ethical responsibilities as an officer of the court seriously, filed a complaint against Baez, citing his own spokesperson’s words. Yep, Blink, we are all up to date on that, where ya going with this? Glad you asked. The actual video of Baez stating that Black does work for “us” meaning his defense team, notwithstanding, the potential for a possible conflict of interest on the part of Baez is the 800 lb Gorilla in every law office in Florida.
I have spoken with the two highest profile attorneys in the state who wish to be anonymous for this article. They expressed their sense is that the legal community in general is outraged at the egregious lack of professionalism and mockery of Floridian Jurisprudence Baez is exhibiting with his playground antics. That isn’t the half of it. If there is ANY *whiff* of truth that Baez fees are being paid through an entertainment or rights agreement this needs to investigated immediately. What I am clueless about is why this has not been done already. I have personally been told by people that were in the house or offices when the negotiations and/or discussions were going on about this, that it is true. Get Leo on the horn, call Skip Davis, and ask THEM YOURSELF, and then call ACAP already.
Conflict of interest and YOU- The Taxpayer
“Everyone involved in this case gets body-slammed..” my dear friend Tim Miller says.
He’s right. I have, he has, OCSO has, and you all have vicariously. However, there is the potential for very serious financial fallout to the taxpayers of Florida in the midst of a recession. Warning: This will frost your shorts.
If no investigation into the possible conflict of interest of Atty Baez’s representation of Casey Anthony occurs prior to a disposition in this case, the likelihood a verdict could and would be overturned in this case is very high. Think Keyser Soze and Kobayashi. Any conceivable scenario you can come up with as a disposition to this case causing an appellate groundswell would cost the taxpayers MILLIONS.
Scenario 1: Casey is convicted. Casey fires Baez for ineffective counsel, hires Allan Dershowitz.
Dershowitz proves ethics violations. Casey wins new trial. We all start this madness over again. Cost to Florida taxpayers for a second trial: Millions. O and btw, the FDLE is considering eliminating the AMBER ALERT and Sex Offender Notification because they are strapped for cash. How would you like to house and pamper that nit-wit for another year while those programs, designed to PROTECT children, are eliminated?
Scenario 2: Casey pleads out. The day before sentencing a document is *leaked* showing proof that Baez was paid through channels that would have a vested interest in the outcome of the case. Judge says, UM, back we go, can’t accept your plea based on this pending information in need of review by the FBA, or worse. Well, we now know what the state may or may not have been in a position to prove, probably their entire case, and anyone that tells you that does not seriously compromise a successful prosecution, when there is this much cash to throw at a defense, is lying.
There are probably 3o other machinations of first- year law LSAT questions here, you get the drift.
United States v. Nebbia, 357 F.2d 303 (2d Cir. 1966)
Who bears the burden? The burden of proof in a Nebbia hearing is on Casey Anthony and his/her family to prove that the bail funds or collateral come from legitimate, honest sources.
Repeat or cut and paste after me:
Ninth Circuit State Attorney
Mr. Lawson Lamar, SA
415 N. Orange Avenue
Orlando, FL 32802
Dear State’s Attorney Lamar, I am a tax paying citizen and resident of Florida (or insert your home state).
I respectfully request that your office conduct a preliminary review, and if appropriate, open an investigation into the funding and surety of the current bond of record for defendant Casey Marie Anthony, Inmate # 08049710, oc jail. It is my understanding that the court retains discretion on whether or not to hold a Nebbia hearing, inasmuch as the state cannot automatically invoke it. However, without a motion filed from your office, I feel that a verdict in this case may be at risk for being set aside or appellate reversal.
For anyone like me, when the ole ADD kicks in, what I am trying to say, in the most subtle, but call to action kind a way: The investigation isn’t over at arrest. The Nebbia hearing, largely a hearing to determine a lawful source of bond funds, is wrought with opportunities to gather information on the defendant’s income. The Prosecutors in this case, should they be granted their motion, are in a position of opportunity to educate the court about the defendant.