Justice for Cay lee Marie Anthony

The Florida Bar
Attorney Consumer Assistant Program (ACAP)
651 E. Jefferson Street
Tallahassee Florida  32399-2300

We the people for Cay lee Marie Anthony are filing a Complaint with the Florida State Bar against Attorney Jose Baez and Attorney Cheney Mason.

RE: Ethical and wrongful conduct on the part of both Attorneys. Violations of ethics Violations of Conflict of Interest, Violations of discovery, Violations of financial gain, Violations of Professional Conduct, Rule 3-4 Violation of Assisting or permitting a witness to testify falsely b) Offering testimony or other proof a lawyer reasonably believes is false c) Conduct aimed at deceiving the triers (jury) of fact  d)  Conduct involving fraud, deceit and/ or misrepresentation. Violations of Self dealing and Violations of Zealous Advocacy.

The Florida Supreme Court created The Florida Bar as an investigative arm to "enforce the standards of ethical conduct on the part of all Attorneys.
 

 (1) A complaint was filed with the State of Florida bar on March 2009, Circuit Judge Stan Strickland, who was then presiding over the case, wrote a letter to The Florida Bar about ethical concerns he had about Attorney Jose Baez
That issue involved allegations that Baez directed investigator Dominic Casey to "walk away" if he found Cay lee’s lifeless body during a 2008 search — and then contact Baez rather than law enforcement.
Citing sworn statements by Dominic Casey, Strickland wrote, "If truthful, they are extremely troubling. While it is certainly possible that Mr. Baez may have intended to call law enforcement himself, there would be absolutely no reason, legal, practical, or otherwise to call anybody, but law enforcement."

(2) In 2009 The Florida  Bar cleared him of another complaint that he may have entered into an agreement to gain financially for representing Casey Anthony by publicizing her story. A Bar grievance committee "determined that there is insufficient evidence to establish that Mr. Baez violated" Florida Bar rules stemming from that complaint.

(3)The Florida Bar also cleared Baez of Dominic Casey's allegation that he was never paid by Baez.

(4))Chief Judge Belvin Perry charged Attorney Jose Baez with a sanction for willfully violating a court order to turn over discovery information to the prosecution. He was ordered to pay costs to the prosecution after the prosecution requested sanctions to be filed against Attorney Jose Baez..

(5)  A Complaint was filed July 2011 was filed with the State of Florida Bar against Attorney Jose Baez by David Palmer this complaint involved  Part II:  Facts/Allegations Re: Violations of Rule 3-4 Rules of Professional Conduct The following facts deal with the conduct of Attorneys Baez and Mason relative to the recently concluded TRIAL of Casey Anthony. That conduct would I believe include the following:

(6) A complaint was filed in 2008 by a former client of Attorney Jose Baez about misrepresentation.

We the people are starting to see a patter here of complaints filed against this Attorney with the State of Florida bar Association since his admittance in 2006. To date no action has been taken against Attorney Baez by the State of Florida Bar even though (1) sanction was filed by Circuit Court Judge Perry and Circuit Court Judge Strickling filed a complaint with concerns about his conduct.  The recent complaint filed with the bar from David Palmer a Attorney.  One complaint by a former client and one complaint by a witness in the Case: Dominic Casey. (6) known complaints in a (5) Year period seems excessive to We the People.

Before the trial even got started Attorney Jose Baez  and Co-Counsel Cheney Mason began their downfall to justice.

We all know from the very beginning who it was that was leaking, and was it was corrupt. Did the State do meet and greets with the Anthony’s, or tours of their house with the media? NO! Did the State go on Nancy Grace, JVM, The Today Show, The Early Show, 48 Hours, Greta, 60 Minutes, Good Morning America, etc.? NO! Did law enforcement? NO! The Anthony’s and the defense did. They had publicists, and event planners, bogus charities, taking donations. You name it they did the circuit. They were paid “licensing fees” for pictures and videos of Cay lee..Todd Macaluso was disbarred from practicing law in the State Of California, for abuse of his client’s trust fund for personal use yet somehow the defense claims he donated over $70.000.00 to Casey’s defense. The next ethical question is did he inform the State of Florida who was paying him  this generous donation towards the defense of Casey.Since the State of Florida tax payers were footing the bill for her defense.

 In fact Casey’s lead Attorney, Jose Baez does not believe in paying his court ordered child support and has committed the same types of check fraud as his client. One of the reasons it took  8 years for him to be admitted to the Florida Bar after being denied by the Florida State bar and the Florida Supreme Court.

Our justice system should not allow attorneys to be free from liability if they commit acts of fraud. Attorneys should not be allowed to break the law to defend the case and get away with breaking the law. They are not above the law. Attorneys should be held to the same standards as everyone else when it comes to contempt and failure to follow the law.. In this case they were not. Baez got sanctioned one time, as he repeatedly violated court orders.

Did he violate the Professional Code of Conduct with his opening statement that was presented to the jury.  Opening Statements are not facts, but Attorney Jose Baezs opening statement was a statement to the jury that he would be presenting evidence in the trial to back up his opening statement. No evidence was ever presented to this jury about an accidental drowning/death nor was there any evidence or proof presented in this trial about the alleged allegations of sexual molestations as he stated in his opening statement to this jury.  The jury as a trier of facts used that opening statement even though their was no evidence in this case to support it.  Did this opening statement violate Professional Code of Conduct in that i may have swayed the triers of fact.

Is it ethical or professional conduct for Attorney Baez to mislead search teams to look for a missing child that he knew was deceased on June 16, 2008. In his opening statement he told the jury Cay lee Marie died of an accidental drowning on June 15, 2008 when in fact he told search teams to search for this child.

Is it ethical for a Attorney to  profit from his client?  Should he even be involved in setting up paid interviews for his client?  This appears to be the case and it appears he will profit from these interviews, and book deals. Is it ethical for him to be flown to New York and participate in bidding wars from the networks setting prices for what his client will accept for payments for such interviews?  It this ethical?  This appears to be a violation of the Self Serve code of conduct or misconduct. The conduct of a trustee, an attorney, or other fiduciary that consists of taking advantage of his or her position in a transaction and acting for his or her own interests rather than for the interests of the beneficiaries of the trust or the interests of his or her clients.”

Within the Rules of Professional Responsibility for Attorneys one can find and determine what an attorney’s ethical duties are. These rules are better known as the code of conduct. Although the code of conduct applies to all attorneys every state in the UNION has it’s own version that it has adopted. What about the Privacy code of ethics.  All these interview before the trial even started.?  Is there a violation for the Privacy code?
What about the ethics violation of Conflict of interest.  Is there a conflict of interest when the Attorney appears to be profiting from his client.? What about Zealous Advocacy has Attorney Baez engaged in any illegal or unethical behavior on the part of his client? This may include paying her expenses after the trial, accepting money on the side towards her defense. Participating in bidding wars and being paid by networks for his room and board so he can participate in these activities.  Remember his client is in hiding she is not the one out seeking funding.

Effects
If an attorney violates the ethical duties that he or she has vowed to adhere to they can be sanctioned, including being disbarred and their client has the option of filing a malpractice lawsuit against them as well.

Privacy
Attorneys have an obligation and duty to protect and maintain their clients privacy and confidentiality no matter what. It is unethical for a lawyer to break any aspect of confidentiality or trust with his or her client. Whatever it is that a client says to his attorney is covered by the attorney/client privilege. That privilege means that an attorney cannot be compelled to testify regarding anything said to him by his CLIENT. However, an attorney’s duty of confidentiality is much broader. An attorney may not reveal information relating to his client’s representation unless the client gives his consent, except in certain very limited situations, such as preventing a client from committing a crime or to prevent reasonably certain death or bodily harm, among others. This duty is broad, and must be scrupulously observed by all attorneys.

It is important that the attorney is not doing anything that can be seen as causing a CONFLICT  of interest. Serving the clients interest is most important and if the attorney sees that his representation of that client will legally harm their client then they cannot represent them. Clients may wave some conflicts of interest but not in all situations. Conflicts of interest are serious and is something the attorney has to know exist or not. Then they must be forthright and honest with their client if it’s an issue.

Self Dealing
Here’s a definition of self-dealing “The conduct of a trustee, an attorney, or other fiduciary that consists of taking advantage of his or her position in a transaction and acting for his or her own interests rather than for the interests of the beneficiaries of the trust or the interests of his or her clients.” This means the misuse of a clients assets to his benefit by an attorney is a violation and is prohibited.

Zealous Advocacy
A lawyer has the obligation to represent their client’s interest to the full extent of the law. The must be a zealous advocate for the people they represent, it’s considered among all a primary ethical obligation. Zealous Advocacy requires attorneys to vigorously and strenuously advance their clients interests. It is also noted that attorneys cannot engage in any illegal or unethical behavior on their clients’ behalf, but must pursue all legal and ethical options for obtaining satisfaction for their clients.

It is also alleged Attorney Baez and Attorney Mason violated  Re: Violations of Rule 3-4 Rules of Professional Conduct The following facts deal with the conduct of attorneys Baez and Mason relative to the recently concluded TRIAL of Casey Anthony. That conduct would I believe include the following:   a) Assisting or permitting a witness to testify falsely b)     Offering testimony or other proof lawyer reasonably believes is false c) Conduct aimed at deceiving the triers (jury) of fact d)  Conduct involving fraud, deceit and/or misrepresentation  as stated in David Palmer's complaint against Attorney's  Jose Baez  and Cheney Mason.

The fact that Attorney Jose Baez was sanctioned by Judge Perry for severe violations of the discovery rules during the trial and continued throughout the trial  to violate discovery rules.

The fact that Judge Strickling filed a complaint with your office about serious violations of misconduct involving allegations that Baez directed investigator Dominic Casey to "walk away" if he found Cay lee’s lifeless body during a 2008 search — and then contact Baez rather than law enforcement.
Citing sworn statements by Dominic Casey, Strickland wrote, "If truthful, they are they are extremely troubling. While it is certainly possible that Mr. Baez may have intended to call law enforcement himself, there would be absolutely no reason, legal, practical, or otherwise to call anybody, but law enforcement."

The fact that David Palmer filed a complaint against Attorney Jose Baez and Attorney Cheney Mason for some serious allegations of: violations of Professional Conduct: Rule 3-4 Rules of Professional Conduct The following facts deal with the conduct of attorneys Baez and Mason relative to the recently concluded TRIAL of Casey Anthony. That conduct would I believe include the following:   a) Assisting or permitting a witness to testify falsely b)     Offering testimony or other proof lawyer reasonably believes is false c) Conduct aimed at deceiving the triers (jury) of fact d)  Conduct involving fraud, deceit and/ or misrepresentation.

The fact that he was cleared in 2009 by the Florida Bar for a complaint that he may have entered into an agreement to gain financially for representing Casey Anthony by publicizing her story. A Bar grievance committee "determined that there is insufficient evidence to establish that Mr. Baez violated" Florida Bar rules stemming from that complaint. It is very obvious to we the people that Mr. Baez took that complain very seriously as the Florida Bar again cleared him of misconduct.  Allegations of his representing his client for profit by publicizing her story continues today.

The fact that allegations by a prior client of Attorney Jose Baez were also cleared by the Florida State Bar.

We the people are seeing a pattern here.  Attorney Jose Baez was not admitted to the bar because of his failure to pay child support, check fraud and other allegations that he was not up to "code" of professional Conduct.  This was also backed up by the Florida Supreme Court.  Some 8 years later he again seeks to enter the Bar and is approved.  Since 2006 there have been at least 6 serious allegations filed with the Florida Bar against Attorney Jose Baez.  One sanction by Judge Perry and one serious complaint by Judge Strickling.  One complaint filed by a prior client.  And a recent complaint filed by another Attorney.David Palmer   All of these complaints thus far have been ignored by the Florida Bar. Attorney Baez and Attorney Cheney Mason continue to practice law.  We the people doubt you will take this complaint serious  because you have failed to hold them accountable for complaints that have been filed against them from Judges and Attorneys.

We the people  request a full investigation into the Ethical violations of both of these Attorneys and their conduct not only throughout this trial. but their conduct that is ongoing following the verdict of this trial.  There has been no accountability for who is paying for their clients expenses. We also question why Attorney Cheney Mason feels it is acceptable hehavior as a professional to flip off the public on July 5, 2011 following the verdict and again on August 3, 2011as he left Orange County Circuit Court.

Respectfully submitted,

We the People for Caylee Marie Anthony
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