Wednesday, January 28, 2009

Casey Anthony Saga: Baez Files Motion to Recuse-Wants Prosecution Removed From Case


Jose Baez files a last minute Motion to Recuse the Prosecution from the Casey Anthony case.


**Update to previous story**

Casey Anthony's defense team has filed an emergency motion asking the court to throw prosecutors off the case (read it).

Casey's attorney, Jose Baez, filed the motion, a "Motion to Recuse", Tuesday night accusing the prosecution of violating Casey's 6th Amendment right to counsel of her choice.

The motion stems from the fact that someone in the State Attorney's Office made a complaint to the Florida Bar Association about Jose Baez. Baez says the complaint violated Casey's rights.
The defense is accusing prosecutors of trying to taint Baez with complaints to the Florida Bar and interfering with Casey's defense.

Jose Baez' emergency motion, that was filed before the Orange County courthouse closed, says the state attorney's complaint was egregious and prejudicial.
Baez wants the judge to put prosecutors on the stand to answer his questions.

Legal analyst Bill Sheaffer says it's not going to happen (watch raw interview).

"In this particular case, not only did the State Attorney's Office have a right to bring this to the Bar's attention, it had a duty," Sheaffer said.

Baez also wants the judge to order prosecutors to produce all communications involving the complaint.

"Like two school children out in the playground having a fight with one another, tit for tat," Sheaffer said.

Since the motion was filed so late in the day, there has been no response from the State Attorney's Office or from the judge.

The Florida Bar cleared Baez for his public relations firms' remarks about prosecutors. His public relations firm would not comment on the emergency motion.

Click to see the motion in PDF format.

VIDEO REPORT: Baez Files Motion





copy of motion courtesy WFTV

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