Florida Bar rules Casey Anthony's lawyer Jose Baez can use false testimony
I finally received an answer to the ethics complaint I filed with the applogists for Attorney Misfits at the Florida Bar on July 14, 2011.
I must admit that given the Florida Bar’s tract record for acting in the best interests of unethical and/or incompetent attorneys as opposed to their sea of victims, I didn’t expect that they would do anything about the egregious misconduct of Mr. Baez that I addressed in my complaint. That complaint can be found at: http://tinyurl.com/6e3fobw.
My complaint specifically alludes to the Code of Conduct’s definition of “reasonable” and “reasonable belief” in regards to an attorney eliciting testimony that he/she knew or should have known was going to be false. Put simply, the legal theory is based on the premise of what a “reasonable” person would believe under the circumstances.
In its Aug 12, 2011, dismissal of my ethics complaint regarding Baez's deplorable conduct, the Florida Bar had the chutzpah to state: (See copy of Bar letter)
“The prohibition against offering false evidence only applies if the lawyer knows that the evidence is false.”
“A reasonable belief that evidence is false does not preclude its presentation to the Trier of fact [jury].’
I just wonder how many Judges in Florida are aware that lawyer’s can put forth any false testimony even if they “reasonably believe it to be false.” This would allow an unethical attorney like Baez to elicit the following testimony from a client charged with assaulting his wife (aka, domestic violence).
Q. Your wife testified that you punched her in the face on numerous occasions. Is that true Jimmy?
A. That’s absolutely false Mr. Baez.
Q. Then how can you explain those bruises and black eyes in those photos Jimmy?
A. That all came about Mr. Baez because she repeatedly hit my fist with her face.
According to the Florida Bar, it would be totally acceptable for Mr. Baez to elicit this type of obviously false testimony from a client during a criminal proceeding. Isn't that just special?
Just think of the creative testimony that Baez will be able to present to a jury or judge in the future? Winning at all costs is now the official motto of the Florida State Bar.
And lastly, it really is a sad day for justice in Florida when the agency empowered to rid Floridians of unethical attorneys again proves it is impotent and nothing more than a front organization in business to protect dishonest/incompetent attorneys.
Letters/complaints, etc. can be found at the URLs below.
Ethics Complaint v Casey Anthony Attorneys Jose Baez & James Mason
Letter to Orlando Judge Belvin Perry re: conduct of Atty. Jose Baez in Anthony trial
Letter to Chief Justice Canady re: misconduct of Atty. Jose Baez during Anthony trial
Did Casey Anthony’s so-called lawyer Jose Baez give the Florida Bar a black eye?