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Verdict boosts standing of Casey Anthony lawyer Jose Baez

Wednesday, 6 July 2011


Several months ago, one of José Baez's most articulate critics wondered whether he would have a "My Cousin Vinny" moment at trial.

The reference to the 1992 Joe Pesci movie was amusing but poignant, too: The comedy explored how a rookie defense lawyer from Brooklyn managed to learn his craft on the fly and spare two young murder suspects from being convicted in a Deep South courtroom.

With Casey Anthony acquitted of the most serious charges against her Tuesday, the pundits debated whether it was Baez's lawyering or the state's circumstantial case that cleared the woman. But one thing is certain: Baez's stock rose mightily with the outcome this trial.
And if America loves a Cinderella story, what better place to have it told than here in Orlando, in the shadow of a castle named for that long-shot winner?

"The best feeling that I have today is that I know I can go home and my daughter will ask me, 'What did you do today?' " Baez said, "and I can say, 'I saved a life.' "
His post-acquittal statement was somewhat tempered and restrained for a personality such as Baez, who has exuded bravado and confidence, despite bloggers dubbing him "Bozo." His self-assurance was more evident in a response he text-messaged to an Orlando Sentinel reporter late Tuesday: "I told you two years ago that I was going to shock the world."

Even those who challenge his abilities as a lawyer would have a hard time denying his fierce advocacy for this particular client.

"I think the story to take away from this is: He is a wonderful advocate for his client, a zealous advocate," said Fordham law Professor Deborah Denno. "I think he could have been viewed as a protector."

Exactly how the jurors viewed Baez is unknown because they refused to speak with reporters Tuesday. But Denno noted that Baez's critics were often other lawyers who pointed out the things he was doing wrong at trial but not suggesting better alternatives.

"What else was he going to do with this particular case?" Denno asked. "He came up with an alternative story. Even if you didn't fully buy that story, he did come up with another story. He took some big risks in his opening statement, but they paid off for him."

As for Baez's legal bumblings, improper questioning and apparent problems following the rules of criminal procedure, Denno noted that these are things legal professionals notice, but maybe not jurors.

The law professor and others agreed that Baez danced on the line of what is proper for a defense lawyer and perhaps went over that line a few times, placing his career at risk to some extent for his client.

He tried to introduce expert testimony not previously disclosed to the state — and may still face sanctions for that behavior.

He repeatedly attempted to have witnesses talk about documents not in evidence. He called out the prosecution — especially retiring Assistant State Attorney Jeff Ashton — a few times in open court. He delivered a startling opening statement accusing Casey Anthony's father, George, of molesting his daughter and covering up his granddaughter's death.

It's a statement that will not be soon forgotten — especially because so much of what was claimed was not proved during the trial. But in the end, it did not matter. As he noted in his closing, Baez didn't have the burden of proof — the state did.

Chosen by chance

Baez's entry into the international spotlight as Casey Anthony's attorney was a fluke.

An inmate at the Orange County Jail simply recommended Baez to Casey Anthony. Aside from a murder case that gained him some attention in Lake County, Baez was a relative unknown.

But Casey Anthony's case enabled him to rise from obscurity in Central Florida's legal community to a household name.

Brian Pafundi is a recent University of Florida Law School graduate who conducted extensive research on the availability of criminal-discovery records in the Casey Anthony case and what implication that might have on the trial. On Tuesday, he called Baez "an inspiration."

"What criminal-defense attorneys do and, more specifically, what Mr. Baez did, they represent the underdog," Pafundi said. "They represent public enemy No. 1. They are the ones who the general public dislike and sometimes even hate solely because they are fulfilling a constitutional duty."

That Baez, 42, could withstand the vitriol and aspersions cast at him and still put on a strong case and "advocate so vigorously on behalf of his client" was even more impressive, Pafundi said.

"Not only did he not let the public sentiment impact his advocacy, but he also didn't let the gravity of the situation overwhelm him," Pafundi said.

Toward the end of the trial — but before the verdict — even the local television legal analysts who were among Baez's harshest critics were starting to say some complimentary things about him.

Several days before the verdicts came, WFTV-Channel 9 legal analyst Bill Sheaffer said Baez had the makings of a "good trial lawyer." His personable demeanor, emotional intelligence and toughness helped him, Sheaffer said.

"He takes a licking and keeps on ticking," Sheaffer said. "There's no quit in this guy."

He likened Baez to a football player just out of college and thrust into the Super Bowl. He has "good instincts" but a lack of experience that had not allowed him to hone his skills, Sheaffer said.

Before the verdicts, WESH-Channel 2 legal analyst Richard Hornsby said that, despite Baez's courtroom problems, he knew the forensics and the evidence in the case as well as anyone. On Tuesday, after the verdicts, Hornsby praised Baez's closing argument and said it "closed the deal."

"He was able to sell to that jury the common-sense explanation of the forensics," Hornsby said. "It appealed to an ordinary, common person, not a scientist."

Prickly with media

Though Baez's relationships with legal colleagues in Central Florida may have suffered during the past three years, his relationship with the media became even more tortured.

Always more comfortable asking questions than answering them, Baez was quick to cut off reporters who he decided were not helping him or his client. When confronted with legal problems in court and questions about his ability to handle a case of this magnitude early this year, Baez asked one reporter, "Who are you?" before hanging up. Then he called back to say his statements were off the record.

On Tuesday, Baez refused to take questions and only made statements with his defense team standing behind him and the cameras in front. He opined on how this case proves why the death-penalty system is wrong. And he saw it challenging both the criminal-justice system and the media.

"You cannot convict someone until they've had their day in court," he said.

Baez also praised the prosecutors with whom he had battled all these years, saying the three of them "serve the state of Florida very well."

But for all of Baez's graciousness Tuesday, the man who was looking for a "My Cousin Vinny" moment back at the start of the year, said Baez didn't show him a sudden understanding of what it takes to be a quality criminal-defense lawyer.

"Jose Baez never had that moment," said Bob Jarvis, a law professor at Nova Southeastern University. "What we saw today is: It is better to be lucky than to be good. He won this case because the state lost the case. He really is the luckiest man in America."

Luck may be an apt descriptor for Baez. He was admitted to The Florida Bar in late September 2005 and was not even qualified to handle a death-penalty case without the help of a more experienced lawyer.

He is still awaiting the outcome of a Bar complaint that surfaced at the start of this year. He has been cleared in several other Bar complaints involving his ethics and professionalism.

Good, bad, mediocre, lucky — even Jarvis acknowledges that it doesn't matter what category of lawyer Baez falls into at this point. He will be remembered for saving Casey Anthony's life.

"I think his practice soars. Everybody in America will say, 'Get me José Baez,' " Jarvis said. "There's going to be an afterglow, and we'll see what José Baez will do with it. The American people love miracles."

Group Five warns of large earnings drop, says market conditions to blame

Group Five on Tuesday warned of a significant change in fortunes for the JSE-listed construction company.
The group told shareholders that, for the year ended June 30, it expected fully diluted headline earnings a share to be between 45% and 55% lower – reaching 253c a share to 309c a share – compared with the 561c a share recorded in the 2010 financial year.
Headline earnings a share were to be between 45% and 55% lower.

Fully diluted earnings a share were expected to be between 195% and 205% lower – reaching a loss of between 243c a share and 269c a share – compared with the 256c a share in the 2010 financial year.

Earnings a share were to be between 190% and 200% lower than the 280c a share achieved in the previous financial year.
Group Five said in a statement that the slowdown within the construction and construction material sectors in the last two years was largely to blame for the sharp drop in earnings.
“This had negatively impacted performance in the current year as the group still benefited in the 2010 financial year from the majority of large public sector contracts awarded ahead of the World Cup.”
The company said an impairment of its long-term assets held by the construction materials cluster had been recorded, owing to the severity of the materials market deterioration, as well as weaker market forecasts.
This impairment remained the material difference between earnings a share and headline earnings a share.

In addition, in the second half of the financial year under review, the group had incurred a number of once-off costs which had affected headline earnings a share negatively.
These costs include planned restructuring and rationalisation costs within the construction materials cluster, as well as holding costs in the Middle East following the market downturn.

However, with the exception of the Middle East, Group Five said its largest segment, construction, had been holding up well, based on “good contract execution” and the benefit of a number of longer term and some African contracts, secured previously.
That said, though, the company noted that the South African construction and engineering market had seen further contract-award delays and limited work flow into an industry it described as already carrying “significant over-capacity”.
“The tender work that is taking place is heavily contested by large and small contractors with extremely aggressive pricing. Emphasis on a larger geographical footprint for more of the group’s business units and achieving early wins in the re-emergence of the mining and energy markets in Africa remains the strategy to reduce the reliance on weak domestic markets.”
Short-term conditions were worse than expected, added Group Five.
This weakness was expected to continue for longer, with a slow rate of a broader market recovery materialising from the second half of the 2012 financial year.
Group Five’s audited results for the year ended June 30 were expected to be released on August 15.

Charlie Sheen signs on for 'Comedy Central Roast'


In what could be the worst idea in a history of bad ideas, Charlie Sheen has signed up for a Comedy Central Roast and told the network absolutely nothing is off limits.
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For the kind of skewering that's more recently been saved for the likes of Donald Trump, Joan Rivers and David Hasselhoff, Charlie Sheen is officially set to be the next roastee in a new special, the network announced Tuesday.
"The Comedy Central Roast of Charlie Sheen," taping on Saturday, Sept. 10, in Los Angeles, will feature the nation's top comedians taking aim at the major headline-making star.
"You could say I've been providing kindling for this Roast for a while," said Charlie Sheen. "It's time to light it up. It's going to be epic."
"Charlie has assured us that nothing will be off limits in this Roast... which scares even us," said Comedy Central original programming head Kent Alterman.
The only thing scarier would have been if they tried to pass off his "Violent Torpedo of Truth" as a stand-up comedy special.
"The Comedy Central Roast of Charlie Sheen" will air on Monday, Sept. 19, at 10 p.m. ET/PT.

Police talk man out of suicide attempt on overpass

Abilene police officers spent a tense 40 minutes Tuesday night trying to talk a man out of jumping off a highway overpass.
Lt. Mike Collins said someone called 911 around 8:30 p.m. Tuesday, saying a 23-year-old Hispanic man had threatened to "take his phone and go kill himself."
Officers responded to the caller at the intersection of North First Street and Pioneer Drive, where they received a description of the man, who had left the scene.
At 8:59 p.m., an officer spotted the man sitting on the edge of the Winters Freeway overpass. Traffic was quickly blocked on the freeway and on North First Street below the bridge. An ambulance and fire engine were dispatched and staged nearby.
Collins said Officer Damien Hutchinson was the first on the scene. "He did a real good job keeping him calm, and convincing him not to jump until our negotiator could get there," Collins said.
Sgt. Ken Robinson, a trained hostage negotiator, happened to be on duty Tuesday evening. Collins said Robinson and other APD officers talked with the man, trying to convince him not to jump.
Finally, at 9:38 p.m., the man swung his legs over the railing and walked toward officers.
Collins said the man was taken to the Taylor County Law Enforcement Center for psychiatric evaluation.

ESPN bounces NBC to score Wimbledon

NBC lost its 43-year grip on Wimbledon, considered the most prestigious tournament in tennis, after cable sports kingpin ESPN outbid it for the live TV rights.
The power serve was a 12-year, $400 million offer that was too heavy for cable giant Comcast, the Peacock Network's new parent.
"They [Comcast] were just outbid and apparently didn't have enough left over to keep Wimbledon," said analyst Darren Marshall of sports marketing firm rEvolution.
ESPN has had the cable rights to the British-based event since 2003, but NBC had all of the semifinals and finals. NBC's deals expired with the tournament's end on Sunday.
Along with added cash, Disney's ESPN and its sister network, ABC, won over the Wimbledon tournament owners -- the All England Lawn Tennis & Croquet Club -- with an unprecedented arrangement to cover the two-week event live from start to finish.
Tournament owners disliked the way NBC reverted to tape delays in order to accommodate other money-making programming, as it did last week with its "Today" show, analysts said.
"With NBC, Wimbledon was always at the mercy of its programming -- God forbid, 'if we lose an hour of the 'Today' show," said Marshall.
ESPN had done live partial coverage of preliminary matches for nine years, with the final showdowns of superstars going to NBC and its tape-delay coverage.
Insiders said some tennis fans may miss their easy-to-find NBC coverage.
"All the suburban moms who love tennis will now have to spend time searching for it," said Kevin Adler, president of sports marketing firm Engage Marketing.
One thing will remain: NBC's Wimbledon commentator, ex-tennis champ John McEnroe, is said to be in talks to move over to the ESPN coverage team.

Government still won’t commit to digital radio switchover date

The Government has refrained from committing to a digital radio switchover date, originally tabled for 2015, saying the decision to move away from FM is still two years away.
Ed Vaizey, the shadow arts minister

Ed Vaizey, the Minister for Culture, Communications and the Creative Industries, has refused to commit to a digital radio switchover date, saying that the decision will not be made until 2013.
Talking in London at the annual Intellect technology conference, the event where Vaizey first announced the digital radio switchover action plan a year ago, he said: “We will make the decision [about digital radio switchover] in 2013 whether we will go ahead in 2015 or delay.
“I don’t think it [the date] affects the consumer because obviously the consumer is free now to buy digital radios, and also all digital radios have FM capabilities as well.”
Digital radio switchover will see all major radio stations transfer away from FM to DAB only. The FM signal will not be switched off but used by smaller stations and community radio groups.
Vaizey denied that switchover, which is greatly hampered by the need to have digital radios fitted in all vehicles, both old and new, was behind schedule, but stopped short of committing the Government to pressing ahead with it in 2015, the switchover date set by the Brown administration.We want to get into the position where we can be certain about the date for switchover. We have said that 2013 is the right time to take that decision to give you [the radio industry] time if you [the radio industry] do go for a 2015 switchover to make that happen.”
Currently 26.5 per cent of all radio listening is conducted digitally through mix of the web, DAB and digital TV. However, DAB, which the Government has prioritised as the next generation platform in the Digital Economy Act, only accounts for around 16 per cent of total radio listening.
The Government has said that 50 per cent of all listening must be conducted digitally before switchover can begin to happen.
James Cridland, senior radio consultant and former BBC Radio digital executive, thinks the Government will have to announce a clear update soon.
“I think realistically Ed Vaizey will have to have to come out soon and say that the Government may not hit the 2013 target of getting digital listening to 50 per cent. The question is when does it become politically sensible to admit the industry may fall short of its targets? Digital radio switchover will happen but there is a consensus [among the radio industry] that it’s going to be a real stretch to hit the Government’s deadline.”
Experts and radio industry executives think it could take as long as 20 years for full digital radio switchover to occur.
Owen Watters, the sales and marketing director of Roberts Radio, issued an attack on the feasibility of the Government’s current digital radio switchover timetable earlier this year.
He told The Telegraph: “Digital is no doubt the future of radio and we support this fully and completely, but we still strongly feel, as we have from the beginning, that we should not try to force the issue onto the consumer and that we should look at ways of getting our industry into a ‘digital ready state’, responsibly and honestly, regardless of how long it takes.
“We would do well to remember that following the launch of FM, it took over 20 years to become the mainstream format that we know and love today.”
Vaizey said that there had been some progress is moving towards the digital radio switchover, with 14 per cent of new cars now having a DAB radio installed as standard.
He also praised the BBC and commercial radio sector for having launched Radioplayer, a new web player which offers listeners more than 300 UK radio stations in one place earlier this year. He said that digital only content had been improved by the BBC’s rebranding of Radio 7 to Radio 4 Extra and the addition of new digital only station, such as Absolute 90s.
However, he said although the changes represented good progress, the moves were “not yet transformational”.
A funding agreement has yet to be reached between the broadcasters and the radio multiplex operators as to how DAB can be built out to the current FM coverage standards. Nor has a timetable for the extended coverage build-out been drawn up.
“I think we have achieved a lot against our ambitions for radio but obviously there is still a lot more to do,” Vaizey said.
“We are still on course for a decision on switchover in 2013…Hopefully [by then] every radio sold by major retailers will have digital radio capability and the content proposition will continue to improve.”

Jose Baez, Casey Anthony’s lawyer: “Luckiest man in America”

Jose Baez, a lawyer who came out of no where, was snickered at, laughed at, smeared, attacked and rebuked by the judge. In the end, the 42-year-old attorney who grew up in South Florida, came out on top.
A former bikini salesman, high school dropout and deadbeat dad who barely made it into the Florida bar pulled off what some are calling one of the most stunning court victories in history.
Jose Angel Baez, a 42-year-old lawyer who grew up in the Bronx and South Florida, had been practicing law for only three years when Casey Anthony, 25, hired him to defend her against felony murder charges.
Anthony, who professed her innocence, found out about Baez from an inmate while in jail awaiting trial on charges that she killed her 2-year-old daughter, Caylee and dumped her body in the woods near her Orlando home.
At the time, Anthony’s father was skeptical, saying in a taped jail interview that “I hope he’s not making a reputation for himself.’’
On Tuesday, that’s exactly what Baez did.
His client was found not guilty on three of the major felony charges against her - first-degree murder, aggravated child abuse and aggravated manslaughter on a child.
Day in and day out, Anthony had been all but convicted on national TV. On Tuesday, jurors deliberated less than 11 hours.
When the verdict was announced, a gasp was heard in the Orlando courtroom of Circuit Judge Belvin Perry and Baez went from seemingly bumbling rookie to top of the legal heap. He smiled after the verdict and hugged his sobbing client hard.
“He is the luckiest man in America,’’ said Robert Jarvis, a lawyer and law professor at Nova Southeastern University in Davie. He won, Jarvis said, not because of a brilliant legal mind, but because the prosecution couldn’t prove its case, which was solely circumstantial.
The internet was already buzzing Tuesday about Baez’s superstardom: perhaps getting his own national show, a book deal and maybe even a movie. People may hate him, or love him, but they will likely watch him, experts say.
“America is very schizophrenic. They say they hate pit bull lawyers, but when they want to hire a lawyer, they hire a pit bull lawyer,’’ Jarvis said.
Baez, who grew up in the Bronx, moved to South Florida and eventually earned his GED after dropping out of Homestead High School, was uncharacteristically subdued after the verdict was announced just before 2:30 p.m.
“This case has brought on new challenges of all of us,’’ he said. “Challenges in the criminal justice system, challenges in the media, and I think we should all take this as an opportunity to learn and to realize that you cannot convict someone until they’ve had their day in court.”
Jarvis, who has followed the case closely, said Baez threw out so many red herrings on how Caylee died that jurors’ heads were probably spinning. He dropped bombshell after bombshell, telling jurors that Caylee had drowned and that Casey Anthony had been sexually abused by her father. He referred to his own client in his closing statement as a “slut,’’ a big no-no, Jarvis said.
“He worked very hard to lose this case,’’ said Jarvis. “But, sometimes you snatch victory from the jaws of defeat. And, in this case, the victory was handed to him from the prosecution.”
Those who have worked with Baez say he worked very hard on the case and proved wrong those who expected him to fail.
Terry Lenamon, a former member of Anthony’s defense team, said Baez could be an example of what lawyers call the “Columbo factor,’’ referring to the popular 1970s crime series featuring Peter Falk as a naïve, clumsy detective who was underestimated by colleagues and others because of his irritating questions and shaggy demeanor. In the end, however, he always got the bad guy.
Lenamon said that while he questioned Baez’s strategy and motives at times, the attorney deserves credit for the acquittal.
“The guy is very tenacious; he stuck to his guns and he won,’’ Lenamon said.
Before Anthony hired him, few people had ever heard of Baez.
Born in Puerto Rico in 1969, Baez was raised by a single mother who moved to South Florida. After dropping out of Homestead High, according to the Orlando Sentinel, he married at 17, became a father, earned a GED diploma and joined the Navy in 1986. The newspaper said he was assigned to the North Atlantic Treaty Organization in Norfolk, Va., where he trained as an intelligence analyst with what he called “Cosmic top Secret” security clearance.
After leaving the Navy, he attended Miami-Dade Community College, graduated from Florida State University and earned his law degree from St. Thomas’ University School of Law in 1997. He then joined the Miami-Dade Public Defender’s Office, where he worked as a paralegal for a short time, while struggling to be accepted into the Florida bar.
Early in the case, the Orlando Sentinel detailed Baez’s inability to enter the bar because of numerous “misrepresentations” he made to the Board of Bar Examiners.
Indeed, for the next eight years, the Florida Supreme Court continued to turn him down because of “character” issues, including massive financial problems that bordered on fraud. The Court wrote that Baez showed “a total lack of respect for the legal system,” citing his inability to meet his debts, pay child support and failure to pay his student loans.
In an effort to support himself, he started four companies, two of them bikini businesses, Bon Bon Bikinis and Brazilian Bikinis.com, both of which failed, the newspaper reported. He also created a non-profit group, the Miami Domestic Violence Project, but that faltered as well.
Initially, Baez’s office in Kissimmee was wary of the media.
But as the story grew into nightly gavel-to-gavel reporting, he began to embrace it. He appeared on TV, with Nancy Grace who appeared to have made the Caylee Anthony case her personal crusade. She wasted no time dressing him down on national TV. He handled the pressure well. .
“For every Casey Anthony who is acquitted, there are another 100 people who are just convicted because they hire young lawyers who think the best strategy is to just get on Nancy Grace every night,’’ said Richard Hornsby, former president of the Central Florida Criminal Defense Lawyers Association.
Grace, who snidely referred to Anthony as “tot mom,’’ was obviously distraught about the verdict. She directed her anger at Baez and the defense after they went across the street from the Orange County courthouse for a celebration.
“As the defense sits by and has their champagne toast after that not guilty verdict, somewhere out there, the devil is dancing tonight,” she said .