ORLANDO, Fla. — In the case against Casey Anthony, it's clearer now what allegedly caused Casey's lead attorney to have to be sanctioned by the court.
In a motion Jose Baez filed to challenge a $583 fine (read it), he said bad traffic in Kissimmee kept him from delivering more defense expert information to prosecutors and he claimed the file was too big to fax.
Baez paid the fine January 12.
CASEY'S ATTORNEY FIGHTS SANCTIONS
Casey Anthony's defense team is fighting sanctions against its lead attorney. Attorney Cheney Mason filed a 12-page motion Tuesday asking the judge to reconsider his decision to fine Jose Baez.
VIDEO REPORT: Casey's Defense Fights Sanctions READ: Baez's Motion Fighting Sanctions
Legal Analyst Bill Sheaffer says Casey's attorneys just need to focus on her defense. Sheaffer said a lot of manpower went into Tuesday's motion, which asks Chief Judge Belvin Perry to reconsider a ruling he already made; the work could have gone to preparing for Anthony's defense when she goes on trial for her daughter Caylee Anthony's murder.
At a Casey hearing last week, Judge Perry was very clear that Baez intentionally violated court rules by not turning over detailed reports on his expert witnesses. A few days later, he was fined $583.
However, that ruling wasn't clear enough for Mason, who filed the motion to reconsider.
"In examining the motion, it appears to be more semantics over substance," Sheaffer said.
Mason's motion claims Perry didn't fully understand some key details in the arguments and said certain statements made by the judge were false.
Sheaffer said a tough-talking, no-nonsense judge like Perry will not be happy.
"No, I don't think the judge is going to be pleased to see this motion and I expect he's just going to deny the motion," Sheaffer said.
Perry told Baez he could only argue the amount of his fine, which is basically court costs. But Sheaffer said it appears Casey's attorneys are wasting time re-arguing the entire motion instead of focusing on her defense.
"Accept the sanctions, move on, learn from it, and make sure you don't repeat the mistake," he said.
Baez has until the end of the month to get the rest of the reports on his expert witnesses in. If he doesn't, he's facing a contempt charge and a daily fine of $500.
CASEY HEARINGS SET; DEFENSE MOTION DENIED
New hearings have been scheduled for defense motions to suppress key prosecution evidence against Casey Anthony in her upcoming murder trial in May.
VIDEO REPORT: Judge Denies Defense Motion
On March 2 and March 3, the defense will try to convince the judge to throw out evidence that cadaver dogs alerted to different spots in Casey's backyard. It also wants to throw out Casey's statements to her family, her jail pen pals, and to law enforcement.
Meanwhile, Casey's defense team was dealt another blow to the case Friday. Chief Judge Belvin Perry denied the defense request to seal the names of the death penalty witnesses and the information they provide.
The defense claimed the potential public exposure is preventing people from helping Casey avoid a death sentence if she's convicted of murdering her daughter Caylee.
CASEY'S ATTORNEY FINED NEARLY $600
Judge Belvin Perry granted the prosecution's request for sanctions in the case against Casey Anthony, according to an order released Thursday. Defense attorney Jose Baez was fined nearly $600 for breaking the rules.
DOCUMENT: Read Judge's Order BILL SHEAFFER: Analysis Of Granted Request
Perry ordered Baez on Monday to give prosecutors more information about defense experts, but he didn't do it. However, Perry punished Baez in a way that won't jeopardize Casey Anthony's right to a fair trial.
The jury will never know about the fine, but WFTV legal analyst Bill Sheaffer said Baez's actions could have backfired.
"Was there any particular reason why that was not complied with?" Perry asked Casey's attorney Cheney Mason in court Monday.
"The answer to that is I don't know," Mason replied.
Baez let Casey's other lawyer answer to accusations that Baez wasn't playing fair. He refused to provide prosecutors with defense experts' opinions, before the experts are questioned under oath, before the May murder trial and he defied the judge's order to do so.
Instead, he wisecracked that his botany expert would testify about botany and one expert would rebut any false claims made by prosecution experts.
"A lack of maturity, again a lack of experience and it just doesn't speak well of him professionally," Sheaffer said.
Perry gave Baez seven days to write a $583.73 check to the state. It's reimbursement for the seven hours it took the prosecution to work on its motion demanding action against Baez for breaking the rules.
Otherwise, Baez could have hurt the defense.
"You run the risk of having sanctions imposed, that sanction being the exclusion of that witness's testimony," Sheaffer said.
The judge told Baez those opinions that don't go into those defense expert reports won't come into trial.
Baez has five days to appeal the amount of his fine and he now has up to 20 days to provide those reports to prosecutors.
Casey's defense team will be back in court next week to discuss picking a jury for her murder trial. A status hearing is scheduled for a week from Friday.
The judge said they'll talk about the costs of selecting and sequestering the jury. Jurors will be chosen in another county and will be brought to Orange County for the trial in May.
Casey is not required to attend the hearing.
Meanwhile, defense expert, botanist Dr. Jane Bock will be deposed on January 18. Defense bug expert Dr. Tim Huntington will be questioned under oath on January 28.
The experts have been ordered by the judge to provide written reports before the depositions.
SUBPOENA FOR PHOTOS DENIED IN CASEY CASE
In the Case against Casey Anthony, Judge Belvin Perry denied a subpoena on Wednesday, requested by the defense, to collect photos belonging to a Texas Equusearch volunteer.
WEDNESDAY'S MOTION: Duces Tecum
During a hearing, Casey's attorney, Jose Baez, argued searcher Joe Jordan had pictures of the wooded area where Caylee's remains were found in 2008. Baez said the pictures were posted on a blog, but have since been removed.
The defense wants to see if the pictures were taken before the remains were discovered, but the judge said the defense was unable prove those photos exist.
"I'm trying to establish whether you are going on a fishing expedition or whether or not there is something specific that can lead to tangible evidence," Perry said.
Casey's defense team is trying to prove the area where Caylee's remains were found was not underwater when searchers were in the area. Though the judge denied the motion, the defense could revisit the issue if they can bring forward new information and make a more compelling argument.
Previous Stories: January 12, 2011: Casey's Attorney Files Motion Fighting Sanctions January 7, 2011: Casey Hearings Set; Defense Motion Denied January 7, 2011: Casey's Attorney Ordered To Pay Nearly $600 January 5, 2011: Subpoena For Photos Denied In Casey Case January 4, 2011: Judge: Casey Anthony's Attorneys Violated Order January 3, 2011: Anthony Wants Sex Questions Prohibited At Trial December 31, 2010: Defense Wants Casey's Myspace Postings Tossed Out
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