So let me get this straight.
On March 18, 2010 Casey Anthony was declared indigent by Judge Strickland after Jose Baez revealed he had blown over $250,000 received on Casey Anthony’s behalf – $200K of which was paid by the “American Broadcasting Company” as “licensing fees” for Casey Anthony’s “pictures.” Of importance, was the fact Jose Baez said he had “no more money.”
On May 6, 2010 a budgeting hearing was held by Judge Perry; notably, he denied Jose Baez’s request to have JAC provide funding for a “Jury Consultant.”
On July 30, 2010 Jose Baez, Dorothy Clay Sims, Michelle Madina, and Jeanene Barrett meet with Casey Anthony in jail; notably, they are accompanied by a man named Richard Gabriel.
On April 9, 2011 CBS (the Columbia Broadcasting System if you’re reading Jose) released a teaser for “48 Hours Mystery,” which shows an assembled focus group (read, “mock jury”), moderated by an unknown person, who asks: “If the only charge was First Degree Murder, who here would vote to acquit [Casey Anthony]? Please stand up.”
And just who is that unknown person moderating the assembled focus group; many astute followers of the Casey Anthony trial have opined that if you remove the beard, it looks remarkably similar to Richard Gabriel, whose website biography describes him as a “leader in the field of jury research, jury selection, and litigation communication.” The biography goes on to inform us that he ” is currently working with attorneys in the Casey Anthony matter.”
So what are the odds that the unknown moderator is both jury consultant Richard Gabriel and the Richard Gabriel that met with Casey Anthony on July 30, 2010.
If it is, there are two very interesting questions that are raised.
1. Was there a Privilege Waiver?
As most of you know by now, there are two primary mechanisms that protect a defendant’s Fifth Amendment right not to incriminate themselves and their Sixth Amendment right to the assistance of counsel. These two mechanisms are the Attorney-Client Privilege and the Work Product Doctrine.
However both privileges can be waived if the defendant or her counsel communicate privileged information to third parties.
Normally communications by a defendant or her attorney with personnel like paralegals, investigators, interns, over-the-hill attorneys, and jury consultants – yes, jury consultants – carry the same protection as communications directly between the attorney and the defendant so long as they work for the attorney; as the privilege is imputed directly to them.
But if the defendant, attorney, or the personnel divulge this information to a third-party with no expectation of privacy, the privilege is waived.
So if the Richard Gabriel that visited Casey in jail, and jury consultant Richard Gabriel, and the unknown moderator of CBS 48 hours Mystery are all the same person; it makes you wonder if Richard Gabriel disclosed “privileged” information to 48 Hours – did the defense waive any privilege that they might have enjoyed as to either their defense strategy or statements made by Casey.
2. How was Richard Gabriel Paid?
Which brings me to my final question.
If Jose Baez wanted a jury consultant, but Judge Perry denied him funds for a jury consultant, and yet Jose Baez subsequently shows up to the jail with a Jury Consultant; how did Jose Baez pay for the jury consultant.
Could it be that rather than pay Jose Baez “licensing fees,” CBS simply footed Mr. Gabriel’s fee and the focus group’s services (yes, they would need to be paid to listen all that evidence and testimony) in exchange for the Casey Anthony defense team providing CBS with exclusive rights to film the focus group’s reaction and have insight into the defense team’s planned defense?
Which raises a very academic, yet timely question: Do in-kind services have to be reported to JAC?
Sounds like some more Jose Baez chicanery to me.
Leave a Reply