Jose Baez calls from inmate will be part of public record, and so will Cindy Anthony’s interview with LE from July 31, 2008.
Judge Belvin Perry has released an order allowing state prisoner phone calls made to Jose Baez in May into public record. Inmate, Robin Lunceford had contacted Jose Baez to tell him there had been a conspiracy among certain inmates to make up lies about Casey Anthony.
Baez attempted to have a protective order placed on the conversation he had with Ms.Lunceford on the grounds that because he was unaware they were being recorded, it was illegal. (According to Judge Perry’s ruling, this is not a true statement. Lunceford apparently warned Mr. Baez on the tape that the call was most likely being recorded.)
Baez also argued that the two phone calls related to the case and therefore were“work product”, another reason to keep them under wraps. It was stated in Perry’s order that “the conversations are not considered work product because “it is INARGUABLE that he did not ‘produce’ the recordings of the calls at issue; the prison did. Since the recordings were made by the prison in accordance with its procedures, they constitute public records.”
Perry went on to note that the calls did not reveal anything about Baez’ impressions or opinions. “To the contrary, the calls consist solely of Robin Lunceford’s factual allegations regarding her contact with fellow inmate Maya Derkovic…the contents of the recordings do not contain any protected opinion work product of counsel exempt from discovery.”
“It has been consistently held by Florida courts that there is no reasonable expectation of privacy in a telephone communication from jail where the inmate is warned that all calls are monitored or recorded,” Perry’s order states.”This principle is equally applicable to counsel’s claim. At the beginning of the call, counsel is warned by an automated message that the call was being placed from a correctional institution and was subject to monitoring and recording.
Perry also noted that Baez had to accept the prison call by pressing “1” on the phone. This action, Perry said, “demonstrated his consent.”
“The court finds that there is simply no reasonable expectation of privacy where counsel is warned by both the automated messaging system and the witness that the calls are monitored and recorded,”
Danielle Tavernier, spokeswoman for the Orange-Osceola State Attorney’s Office, said the calls will not be released immediately. “It will not be today,” Tavernier said in an e-mail response. “As in the past records become public based on chronological order. The next release of documents will be from supplemental discovery given to the defense on about [July 21].”
Well, MYLANTA!!!! I hope Mr. Baez was paying attention to Judge Perry’s review of “Prison Telephone Ettiquette 101.” How the heck did he think he’d have a leg to stand on when the criminal tells him up front that “Oh hey,we’re prolly being recorded…” This ruling was no surprise to anyone—least of all, IMO, Jose Baez. So, what is he trying to distract the media from now? Surely not the discovery being released shortly. Court records show that a DVD of an interview between Cindy Anthony and OC investigators on July 31, 2008 is about to hit the news.
Hmmm. That interview was over two years ago. Why would prosecutors wait til now to release it? Why would Baez want to difuse it?
read em’ below: