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Does Jose Baez qualify to be on Casey Anthony’s case in ANY capacity? What about the rest of her defense team?

May 18, 2009

baez with eyebrow raisedWhat qualifications does Jose Baez have to be the lead attorney in Casey Anthony’s case?  We already know the answer to that one–NONE, that’s why he’s being required to bring on a death-qualified attorney to assume the lead at trial.  But, what qualifies Jose to be on this case in any capacity?

What exactly are the requirements an  attorney must meet before he can try a death penalty case in the state of Florida?

Florida Rule on Death Penalty Qualified Attorneys*

(*Note: Terrance Lenamon has posted these rules in their entirety on his website.  Below is an edited version.  For the complete document go to Terry’s website: LINK)

Lead Attorney Requirements:

  • Must be a member of the bar or admitted to practice pro hac vice
  • Must have 5 years litigation experience in the field of criminal law
  • Must have no less than 9 completed state or federal trials of serious and complex cases + at least 2 completed state or federal cases as lead defense or co-counsel  in a death penalty case. In addition to the 9 completed cases mentioned above, he should have been lead counsel in at least 3 cases where the charge was murder or one was a murder trial and an ADDITIONAL 5 felony jury trials.
  • Must know the practice and procedure of the criminal courts of the jurisdiction
  • Must be experienced in the utilization of expert witnesses and evidence, including psychiatric and forensic evidence
  • Must have demonstrated proficiency and commitment exemplifying the quality of representation appropriate to capital cases, including but not limited to the investigation and presentation of evidence in mitigation of the death penalty.
  • attended within the last two years a continuing legal education program of at least 12 hours devoted to the defense of capital cases.

What about as co-council?

Co-counsel requirements:

  • member of the bar in the jurisdiction or admitted to practice pro hac vice.
  • qualify as lead counsel under para (f) of these standards or meet the following criteria
  1. experienced and active trial practitioner with at least 3 years of litigation experience in the field of criminal law.
  2. have prior experience as lead counsel or co-counsel in at least 3 state or federal jury trials of completed serious and complex cases-2 of which were trials in which the charge was murder or at least 1 was a murder trial and 1 was a felony jury trial.
  3. familiar with the practice and procedure of criminal courts in the jurisdiction
  4. demonstrated the necessary proficiency and commitment which exemplify the quality of representation appropriate to capital cases
  5. attended within the last 2 years a continuing legal educsation program of a minimum of 12 hours devoted specifically to the defense of capital cases.

Appellate Counsel Requirements:

  • member of the bar in jurisdiction or admitted to practice pro hac vice.
  • experienced and active trial or appellate practitioners with at least 5 years experience in criminal law.
  • have experience in the appeal of at least 1 case where a sentence of death was imposed + prior experience as lead counsel in the appeal of at least 3 felony convicgtions in federal or state court, 1 of which was an appeal of a murder conviction or alternatively, have prior experience as lead counsel in the appeal of no fewer than 6 felony convictions in federal or state court–2 of which were appeals of a murder conviction.
  • familiar with the practice and procedure of the appellate courts of the jurisdiciton.
  • demonstrated the necessary proficiency and commitment which exemplify the quality of representation appropriate to capital cases
  • attended within the last 2 years a continuing legal education program of at least 12 hours devoted specifically to the defense of capital cases.
  • —————————————————————–

Hmmmm….

Then there’s this—-

Notice of Appearance:

An attorney who is retained or appointed in place of the Public Defender or Criminal Conflict and Civil Regional Counsel to represent a defendant in a capital case shall immediately file a notice of appearance certifying that he or she meets the qualifications of this rule.

Exceptional Circumstance

In the event that the trial court determines that exceptional circumstances require appointment of counsel NOT meeting the requirements of this rule, the trial court shall enter an order specifying, in writing, the exceptional circumstances requiring deviation from the rule and the court’s explicit determination that counsel chosen will provide competent representation in accord with the policy concerns of the rule.

CREDIT(S)

Added Oct. 28, 1999, effective July 1, 2000 (759 So.2d 610). Amended July 1, 2002 (820 So.2d 185); Oct. 8, 2008 (993 So.2d 501).

COMMITTEE COMMENTS

These standards are based on the general premise that the defense of a capital case requires specialized skill and expertise.

A defendant who is represented by retained counsel is not entitled to the appointment of a second lawyer at public expense merely because that defendant is unable to bear the cost of retaining two lawyers.

Very interesting info and it makes you wonder where Baez got the gonads to even attempt a case like this.  Goes back to whether or not he has Casey’s best interests at heart or his own best interests at heart.  He can’t possibly believe he is the best person to represent her now that her life is in the balance.

Again, you can read about the qualification requirements here:

Terrence Lenamon website LINK

Offering an interesting point of view about what may be coming down the pike if Baez remains Casey’s counsel is The Back Seat Lawyer.  Her blog can be found below:

backseatlawyer LINK

from The Back Seat Lawyer, “And here’s the big scoop that I’m shocked no one is discussing….no one on the Casey Anthony Legal Team Meets the Florida Legal Standard

There is absolutely NO ONE on the Casey Anthony legal team, as far as I can tell, that has these qualifications. Lenamon did, but he isn’t currently on the “Dream Team.”
Neither Jose Baez or Linda Baden meet this statute.

I think this creates a great argument that there is a Due Process violation here.

…..meaning Casey’s right to a qualified attorney.  Which could mean, and probably would mean,  that down the road, if she’s convicted, she would have instant grounds for appeal if this issue isn’t addressed beforehand.  According to Jose, the death qualified attorney will be named later this month, but will that change the fact that Baez might not be qualified to be co-counsel?

33 Comments leave one →
  1. May 18, 2009 2:06 pm

    This is going to go on for years. This “Nightmare Team” is going to get Casey a new trial, since none of them is qualified yada yada.

  2. itsamysterytome permalink*
    May 18, 2009 2:18 pm

    I hope not Carol. I’m hoping other attorneys like Lenamon and Judge Strickland will not let that happen.

  3. May 18, 2009 2:20 pm

    I’m in the money, I’m in the money, (singing) by Baez is the only answer. He has big OO and an ego to match so he will hang on like a pit bull to your pant leg until kicked off.

  4. itsamysterytome permalink*
    May 18, 2009 2:29 pm

    LOL at your visual there John. I agree with what you are saying–I think they might have to go so far as to amputate the leg to get the pitbull off, though–don’t think a kick or two will do it. This guy is tenacious.

  5. ostella permalink
    May 18, 2009 3:02 pm

    All Soggy Bottom Baez is qualified to do is sit at the table picking lint out of his belly button. If he can even find it. I can’t believe any self-respecting attorney would join the Turd Herd this late in the game just to be Bozo’s courtroom ventriloquist dummy. Anyone who comes onboard is a masochist on a suicide mission…

    He actually believes this dumb little bitch is gonna walk…I wonder if he’s negotiating TV and movie deals for her…maybe she’ll be out in time for the next round of Rock of Love Bus auditions….she’d fit in perfectly with those busted-looking skanks dryhumping Bret Michaels….. 🙂

  6. MAND permalink
    May 18, 2009 3:03 pm

    Mystery…the writing is on the wall….Dumbo is hanging on.. as John so aptly put it..knowing KC will get another trial…and meanwhile he has collected on the case…this is about how much he can make and to hell with the client…no one on this nightmare of a team meets the qualifications…my question is WHY is this permitted to continue..knowing the results? Why should Dumbo be permitted to make a mockery of the court system…apply the rules…and cut the crap.JMO.

  7. maxineme permalink
    May 18, 2009 3:29 pm

    I am pretty dense at all the legal ra ra, but, someone on another blog said, and it makes sense to me ( a big so what!!) but, they said that THOSE rules ONLY apply to public defenders, so that a poor person that can not afford an attorney are guaranteed good legal expertise… BOZO, linda kenny, and others are PAID attys, so, casey can make that decision… and I guarantee the judge will make sure she knows what she DOES NOT HAVE with these clowns.. Any way, that is the way I understood it…

  8. itsamysterytome permalink*
    May 18, 2009 3:48 pm

    maxineme

    from Rule 3.112 of the Florida Rules of Criminal Procedure
    (c) Applicability. This rule applies to all defense
    counsel handling capital trials and capital appeals, who
    are appointed or retained on or after July 1, 2002.

    http://www.floridabar.org/TFB/TFBResources.nsf/Attachments/BDFE1551AD291A3F85256B29004BF892/$FILE/Criminal.pdf?OpenElement

  9. laura permalink
    May 18, 2009 3:50 pm

    Some body should be getting these questioned answered. This could potentially cost the tax payers of Florida a lot of money, if he is not qualified kick him to the curb now and lets get the show on the road. I for one would think the media would start questioning this, lets pray they do!

  10. niecey456 permalink
    May 18, 2009 3:51 pm

    Great Post Mystery! You have really gotten the wheels turning for me. I wonder if Maxineme doesn’t have a really good point. I thought that it was ultimately up to Casey and if she is determined to have less than qualified legal counsel then she has no recourse, as long as she understands that. I hope they make her understand that, because I agree with everyone else that Bozo won’t let go, no matter what.

  11. niecey456 permalink
    May 18, 2009 3:52 pm

    Sorry, I posted the same time you did, and you answered. Florida can’t afford this!

  12. itsamysterytome permalink*
    May 18, 2009 4:04 pm

    Yep, we posted at the same time! If I am reading this correctly it applies to all lawyers.

  13. niecey456 permalink
    May 18, 2009 4:28 pm

    I sure wish the “powers that be” would do something, and how about that Bar investigation. What could possibly be taking so long???

  14. laura permalink
    May 18, 2009 4:42 pm

    Niecey they probably are working through all the lies and decide what is truth. jmo

  15. ostella permalink
    May 18, 2009 4:45 pm

    Niecey, I ve been thinking about that…. I don’t believe for one minute that LE isn’t all over the Turd Herd like white on rice; sometimes I wonder if there isn’t a secret grand jury investigation going on, and maybe some of them will be indicted as a result…I don’t know the rules about grand juries, or if that’s even a remote possibility, but it crossed my mind…. I can’t understand the delay, unless something really big is going on behind the scenes…..

  16. niecey456 permalink
    May 18, 2009 4:50 pm

    That would be nice if they were. I can see the headlines now…………..A lovely thought. I really think they did such a good job investigating this case, that I’m sure they are seeing what we aren’t and doing what we don’t know about. The last Bar investigation came back quick, but this one seems to be dragging, maybe they are crossing the t’s and dotting the i’s.

  17. Molly permalink
    May 18, 2009 9:27 pm

    Yes, John, you sure do get those visuals spot on! 🙂
    O.K., who can we send this to? The media needs something new to do in this case as it’s been quiet for too long. What on earth could Baez be thinking? and didn’t anyone tell him? hmmm I guess we know, he’s getting his 15 min. while he can & has now established his relationship with Casey. She may not trust anyone else like she does him. What is he gonna do at counsel table, get coffee & hand them papers? He is such a joke.

  18. May 18, 2009 9:57 pm

    Hi Mystery, great post! I remember reading recently that the prosecution was asking the judge about the very thing. I think it was about the qualifications or lack there of, where Bozo is concerned. I would think the prosecution is dotting their i’s and crossing their t’s so that someone down the line someone doesn’t declare a mistrial for insufficient representation. What I question like everyone else is WHY Bozo can still be around when it is OBVIOUS he is not qualified and a total loser I might add. There was a video floating around (I don’t know if it’s true or not) about that inmate that spoke out about Crazy Casey reacting when she found out about the prosecution placing the death penalty back on the table. IMO, I really think that she was upset because Bozo could not be her counsel anymore and knows way too much because she was counting on Bozo to get her off(fat chance) and now has to answer to someone else.(we all know KC likes to have things done HER way) I think it’s going to be very interesting how all this comes out and what Bozo is going to do to TRY to stay on and Miss Piggy Linda Baden.

  19. Jill from Western Australia permalink
    May 19, 2009 2:00 am

    Hello my l♥velies…I have dutifully read all the links & my head is spinning with the legalise. I know that a DPQ attorney is required for the Penalty phase of the trial BUT does he have to be the lead attorney during the trial itself? {sorry to appear sooo dumb 😳 }

  20. BEES KNEES permalink
    May 19, 2009 8:07 am

    An EXCELLENT post, Mystery! Like all of you I agree the million dollar question is WHY IS HE STILL DEFENDING HER? Does anybody think we should start asking that question to the media or the Florida Bar or ANYONE really, just to get the issue out in the open and people thinking about it? Or should we just wait while the wheels of justice slowly turn? Personally, I go back and forth on it. Maybe I’ll jot off a note to my ex, Bill S. and ask him to discuss the situation (how Bozo has managed to stay lead lawyer so far). He might address the issue for us. Or, has he already done that? I have a feeling he may have and I’m not remembering it completely. Must have more coffee.

  21. ostella permalink
    May 19, 2009 10:41 am

    Bees, we should both call in a couple favors to our exes! You call Bill, and I’ll call Mark Eiglarsh… Between the two of them, they’ll flood the airwaves with info. We can put aside our personal feelings long enough to get this done! 🙂

  22. niecey456 permalink
    May 19, 2009 10:50 am

    You ladies are so selfless. Always putting whats right first. I would be very interested to see if they will clear this matter up for us. Tell them I said hello.

  23. Coreysmom permalink
    May 19, 2009 4:55 pm

    itsamysterytome permalink
    maxineme

    from Rule 3.112 of the Florida Rules of Criminal Procedure
    (c) Applicability. This rule applies to all defense
    counsel handling capital trials and capital appeals, who
    are appointed or retained on or after July 1, 2002.

    http://www.floridabar.org/TFB/TFBResources.nsf/Attachments/BDFE1551AD291A3F85256B29004BF892/$FILE/Criminal.pdf?OpenElement

    ———————–
    I, too, thought that since Baez is retained he can stay. Thanks for the info here!
    Can’t help it…this makes me grin from ear to ear!
    Maybe cuz it’s a monkeywrench tossed into the Baez/Casey machine!

  24. May 19, 2009 5:05 pm

    great news the haliegh family says they dont want anything to do with the anthonys, they said they want them to stay away from them cuz all they are doing is useing them and the media for their own covering up for cacey

  25. maxineme permalink
    May 19, 2009 5:35 pm

    so, based on mystery to me, and niecy, and coreymon and others…. I misunderstood… I thank you all,, So, now my question is… does casey get a mistrial or an appeal because she used bozo for her atty????

  26. maxineme permalink
    May 19, 2009 5:37 pm

    Bozo does not qualify,, and also even linda kenny does not qualify… so.. what now???????

  27. Coreysmom permalink
    May 19, 2009 6:27 pm

    No, maxineme, you didn’t misunderstand a thing! I, too, thought that Baez could stay because he is retained. The judge that JVM has on said that the rules only applied to those attorneys who are public defenders for the sake of a poor person who is facing the DP.
    My guess is that the Judge will be on top of things and Baez will have to go. It looks like he will have to take “third chair”-LOL! Both the SA and the Judge have been on top of things in this case so as to make sure there will be no appeals. I don’t think this will warrant a mistrial even if Baez were to stay on as lead attorney. Which he cannot.

  28. itsamysterytome permalink*
    May 19, 2009 6:51 pm

    Coreysmom–

    I’m confused. So are you saying the Judge said Baez can stay as lead because he was paid for by Casey and not appointed and that rule (Applicability. This rule applies to all defense
    counsel handling capital trials and capital appeals, who
    are appointed or retained on or after July 1, 2002.) is incorrect? What part of that statement am I misunderstanding?

    Also, if that’s the case, why does Baez have to have a death-penalty qualified attorney on board?

  29. Coreysmom permalink
    May 19, 2009 7:03 pm

    No, the Judge hasn’t said Baez can stay. I was meaning “even if” he were allowed to stayit wouldn’t cause a mistrial. But I seriously doubt it!

    Now, you are the one who straightened me out! The judge on the JVM Issues show said that the Florida statutes about being DP qualified only applied to public defenders. But, you have shown the statute says it applies to retained attorneys as well. Unless that rule has changed since 2002…must not have because, like you say, why the fuss for Baez to be DP qualified?

    BTW, thanks for this great blog! I have you in my favs now. I’m always running into your blog link on other blogs. So, now I’m calling you a keeper! 😆

  30. itsamysterytome permalink*
    May 19, 2009 7:13 pm

    thanks for clarifying Coreysmom–

    I’m no expert, but I thought I could at least read! LOL Legal-eze is almost like a foreign language so I can still stand corrected!

    Thanks for adding me to your favs!!!

  31. Coreysmom permalink
    May 19, 2009 7:35 pm

    LOL! You cleared up my confusion and I, in turn, confused you!
    You are quite welcome! I’m praying for a rainy day so I can read some of your past posts that I’ve missed in this case!
    Keep up the good work! {{{hugs}}}

  32. Theresa permalink
    May 20, 2009 6:46 am

    If all this is true and Baez has jeopardized this case he should be disbarred and held accountable for any addition cost to the State for having to start over. Baez is nothing more than a bottom feeder jeopardizing justice for Caylee,

  33. Mr. Justice permalink
    February 21, 2013 11:20 am

    LoL. Guess he showed all of you schmucks, now didn’t he? Perhaps y’all ain’t nearly as smart as y’all think you are. As my GranPappy used to say “if I could buy those fools for what they’re worth and sell them for what they think their worth, I could retire a rich man”.

    Haha

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