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Jose Baez calls from inmate will be part of public record, and so will Cindy Anthony’s interview with LE from July 31, 2008.

August 2, 2010

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:

orlandosentinel.com

wesh.com

17 Comments leave one →
  1. mikka permalink
    August 2, 2010 1:41 pm

    itsamystery,we have proof baez is a liar! 😆 ,prosecution and judge perry say,this jailhouse snitch was talking only bad about the another snitch!i am glad judge perry close this book on this snitches!beaz is a huge waste,like his motions! 😆

    Mikka, most of his motions appear to be a big waste of time, I agree.

  2. mikka permalink
    August 2, 2010 1:46 pm

    and i find this on you tube,the interview from cindy and the cops!

    http://www.youtube.com/watch?v=BQA6j8JY2VA

  3. mikka permalink
    August 2, 2010 1:48 pm

    and this part2

    http://www.youtube.com/watch?v=X6jRsX03_Xs&feature=related

    Thanks for these links. Interesting to go back and listen to these again—

  4. mikka permalink
    August 2, 2010 1:53 pm

    in this interviews cindy says,she think zanny is jessie or amy! another attempt to point the finger to jessie or amy!

    bbl

  5. niecey456 permalink
    August 2, 2010 1:53 pm

    Hey Mystery! You know, I can’t help but wonder if Jose just loves us so much that he has to keep the pot stirred. I know he always distracts and those Cindy interviews could be very interesting……….Especially since we thought we heard them all. With that said, he’s really covering something up by distraction, or it’ll be not much of nothing and just one more indication of how much he loves us and reads, wanting desperately to join us. :mrgreen: I think he loves Kathi B most of all. 😆

    Hi Niecey! He’s stirring the pot, I agree, and I can’t help but think there’s a reason behind it. I think you are right and it’s cuz’ he loves us so much! 😆

  6. Swift Justice permalink
    August 2, 2010 2:07 pm

    According to the Anthony & Baez…..just the meer mention of a person’s name & dat bammit, they are a suspect. JB thought he could pull a fast one on Judge Perry but this Judge is no ‘sleepin’ judge. He’s miles ahead of ya Jose. Miles.

    Baez is learning that Judge Perry ain’t no fool and he won’t be made a fool of. Better watch it, Jose!

  7. Venice permalink
    August 2, 2010 2:45 pm

    Baez is a SCUMBAG RAT!!! Attorney? NOT!!! LOL!!!!!

    Tell us what you REALLY think, Venice. 😆

  8. BEES KNEES permalink
    August 2, 2010 3:29 pm

    Good post, Mystery. I hope you don’t mind that I copied part of it to Hinky’s (I also included your link).

    So. Coincidence or conspiracy?

    Is it just a coincident that both the taped phone call, and the interview between Cindy and the OC investigators, are both being released at around the same time?

    Or is it a conspiracy used only to divert attention from the truly harmful evidence, the Cindy interview?

    Don’t mind a bit, Bees!

    I tend to think Cindy’s interview may be a humdinger! Why did they hold it back this long?

  9. mikka permalink
    August 2, 2010 4:04 pm

    The state was as diplomatic as they could be without coming out and calling him an outright liar,” said criminal defense attorney Richard Hornsby.

    Hornsby said Baez has damaged his credibility with Perry by making the claim that he didn’t know the call was being recorded.

    “For about two years, Jose Baez has been walking an ethical tightrope in the way he’s handled this case and the representations he’s made. What we’re seeing is Jose Baez being knocked off this tightrope he’s been walking,” said Hornsby.

    Gotta love Richard! The only thing he said that I disagree with is that this particular motion damaged Jose’s credibility with Judge Perry–I think Baez damaged his credibility lonnggg before this motion.

  10. August 2, 2010 10:02 pm

    Hi Everyone, thanks for the tapes link Mikka. I found it very interesting to go back and hear these tapes again. In tape no.3 Cindy says to detective Melich, ”ive lost my granddaughter, i’m a grieving grandmother. Why is she a grieving grandmother at this early stage when she is not suppose to know what has happened to Caylee? Now to dummy Baez, ha, did he not think Judge Perry would not let this in? He is too much.

    I think he knew all along that Judge Perry would knock him down. Which makes you wonder why he submitted a motion that he knew didn’t have a chance of being granted…

  11. Spacely permalink
    August 3, 2010 7:38 am

    Here is a link to the actual Judge Perry order denying Baez’s privacy motion:

    http://www.wftv.com/pdf/24477531/detail.html

    Judge Perry states that immediately after the “1” is pressed to accept the call, “counsel” can be heard answering.

    “counsel” = Jose

    Jose has given several different versions, varying the number of transfers from initial answer and acceptance of the prison call to reaching his cell phone. But the consistent part is the call was transferred to him after the recording played and the call was accepted, going so far as to say it is “OUTRAGEOUS” for the prosecution to assume it was he who pressed 1 when there was no way to determine that fact.

    So, for the record, there was a way to determine who pressed 1. That way was to listen to the recording. Linda Burdick listened to the recording. She heard Jose answer the call.

    And it also seems to be a lie that the call was ever transferred unless it was transferred during the ringing portion like when you set your office phone to call forward to your cell phone. If in fact you received the call on a cell phone… and not your office phone…

    I am rambling a bit, but the big point here is it wasn’t just one lie in one motion, but multiple lies built upon more lies which evolved into bigger lies in multiple motions and TV interviews and spawned accusations of illegal actions and deception by the prosecution, which was also lies.

    This single incident is the entire defense strategy in a nutshell – lie, then lie to cover those lies, when people start to catch on, accuse some else of doing the lying, and do it all even when you know for sure the state has the evidence to prove beyond any doubt you are lying, like when they have a recording of you pressing 1 and answering a prison call or you are sitting in “your office” in Universal Studios telling the cops Zanny took your daughter.

    Very good points, Spacely! To muddy the waters does appear to be their only strategy which says they have nothing, have had nothing, and will have nothing to defend their client with.

  12. itsamysterytome permalink*
    August 3, 2010 12:43 pm

    Hi everyone! I responded to comments within the comment boxes.

  13. BEES KNEES permalink
    August 3, 2010 5:05 pm

    Hi Mystery! I hope you won’t mind if I announce a fresh Hinky post? If so, please delete. TIA.

    Caylee Anthony case: Judge Perry’s educational orderPosted on August 3rd, 2010 by Valhall

    http://www.thehinkymeter.com/2010/08/03/caylee-anthony-case-judge-perrys-educational-order/#comments

  14. itsamysterytome permalink*
    August 3, 2010 6:32 pm

    Hi Bees–Don’t mind at all! 🙂

  15. Lona1 permalink
    August 3, 2010 7:45 pm

    What would this case be without Baez in the limelight? Helicopters flying above his home….can you say Paris Hilton? 🙂

    What Bullshit! I guess Baez is trying to pass the time until trial……he’s eager to create a few more Bombshell news stories hahaha…..he reminds me of the JOKER without makeup. This case has hit a drought….Baez trying to break the dam to get some water released…..we all know that she is guilty as charged!

  16. itsamysterytome permalink*
    August 3, 2010 8:06 pm

    Hi Lona–Could Jose Baez just be trying to divert attention from his own problems? (ie his house foreclosure) hmmmm. Hadn’t thought of that one.

  17. mikka permalink
    August 5, 2010 2:22 pm

    hi everybody,docs are out today!wftv

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