2011.01.04 Defense Motion to Suppress Casey's Statements to LE

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Muzikman

Muzikman

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I don't remember her being handcuffed. My memory may be faulty tho. :)

Seems like a great topic for discussion!

Docstoc is giving me problems, so i used Scribd.com instead. Let me know it there are any problems -

MM :rocker:

2011.01.03 Motion to Suppress Statements - Casey Anthony's
http://www.docstoc.com/docs/68341345/20110103-Motion-to-Suppress-Statements

ETA - Scribd sucks, I got DocStoc to work. :)
 
Muzikman said:
I don't remember her being handcuffed. My memory may be faulty tho. :)

Seems like a great topic for discussion!

Docstoc is giving me problems, so i used Scribd.com instead. Let me know it there are any problems -

MM :rocker:

2011.01.03 Motion to Suppress Statements - Casey Anthony's
http://www.docstoc.com/docs/68341345/20110103-Motion-to-Suppress-Statements


....................................Our Hero!!!:great:............................


.................................Thank You - Thank You!!!


..................................... :fireworks:
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AZlawyer said:
MM, you are a troublemaker!

Recent discussion on this topic in the legal questions thread here:

http://www.websleuths.com/forums/showthread.php?t=93317&page=62
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Yes, I try sometimes. heh :innocent:

Here is AZ's post on the topic:
[ame="http://www.websleuths.com/forums/showpost.php?p=5966597&postcount=1544"]Websleuths Crime Sleuthing Community - View Single Post - Legal Questions for Our VERIFIED Lawyers[/ame]

It does seem like it's worth a thread to break out the discussion tho... :waitasec:
 
I don't recall her being handcuffed either. Arrested July 16, at about 4:30 pm, yes as her arrest affidavit states, but handcuffed? That will be one heck of a hearing.
 
LancelotLink said:
I don't recall her being handcuffed either. Arrested July 16, at about 4:30 pm, yes as her arrest affidavit states, but handcuffed? That will be one heck of a hearing.
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heated, like this little gem....
http://www.wftv.com/video/18147900/index.html

You just can't make this stuff up!!!

Page two, number four......
Am I reading that correctly, she was supposedly handcuffed at her parents home, then the next day she went to Universal?
[ame]http://www.youtube.com/watch?v=Y_SyH8-6Pho[/ame]
She admits on the recording that she invited them there. Her dad was a detective for years, they know full well she was not under arrest and did not have to get in the car unless she wished to. Of course she will now say she felt trapped, but the detectives mindful of that eventuality, made her mention repeatedly that they were there at her request, etc. They told her we shut the door just for privacy. She audibly answered, "Yes".
 
It looks like they're saying she was handcuffed even before Yuri's questioning of her at the Anthony home. As we were discussing on the "legal questions" thread, the issue will be whether or not she was "in custody"--i.e., whether she reasonably would have felt free to leave at that time rather than staying at the house and answering questions.
 
AZlawyer said:
It looks like they're saying she was handcuffed even before Yuri's questioning of her at the Anthony home. As we were discussing on the "legal questions" thread, the issue will be whether or not she was "in custody"--i.e., whether she reasonably would have felt free to leave at that time rather than staying at the house and answering questions.
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So are they also trying to throw out all her statements or just the universal one?
 
Now wait just a darned minute here!

Okay, so Mason and Baez are saying she was picked up in the evening, handcuffed and questioned.

And then they've skipped ahead to "after the aforesaid questioning, and hours later the next day"................. where she was questioned, and subsequently arrested.

Haven't they skipped out the part of where she was the evening before the Universal romp, and whether or not she spent that entire time in handcuffs,OR NOT while she was at home in her own little bed? Where she awoke and voluntarily went with them to Universal without said handcuffs the next day or "hours later the next day"?

Talk about a pretty hinky motion. Was that a belly laugh I heard coming from the SA's office?
 
JSR said:
So are they also trying to throw out all her statements or just the universal one?
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I got the impression it was the entire interview. She called them. She was not under arrest, she was asking for their help in finding Caylee. Another frivolous motion by defense, which they did not even give to the State. Pathetic defense.
 
AZlawyer said:
It looks like they're saying she was handcuffed even before Yuri's questioning of her at the Anthony home. As we were discussing on the "legal questions" thread, the issue will be whether or not she was "in custody"--i.e., whether she reasonably would have felt free to leave at that time rather than staying at the house and answering questions.
Click to expand...

From her texts with Tony that morning at roughly 7 AM, I do not get the impression she felt at that moment that she was in custody. She does mention being handcuffed at one point for nearly 10 minutes and sitting in the back of the police car, but by the time the texts are exchanged she is back at home - without the police - and has had the opportunity to shower.
 
AZlawyer said:
It looks like they're saying she was handcuffed even before Yuri's questioning of her at the Anthony home. As we were discussing on the "legal questions" thread, the issue will be whether or not she was "in custody"--i.e., whether she reasonably would have felt free to leave at that time rather than staying at the house and answering questions.
Click to expand...


What about the question I have just asked - "after the aforesaid questioning and hours later the next day....


She was handcuffed the whole time? C'mon! I would have heard the uproar here in Canada!
 
JWG said:
From her texts with Tony that morning at roughly 7 AM, I do not get the impression she felt at that moment that she was in custody. She does mention being handcuffed at one point for nearly 10 minutes and sitting in the back of the police car, but by the time the texts are exchanged she is back at home - without the police - and has had the opportunity to shower.
Click to expand...

I should add, too, that while she may have been handcuffed briefly at one point that night (almost ten minutes), she was with the police an awful long time driving around looking at apartment complexes during not one but two separate excursions, and not in handcuffs during either trip. Then she was dropped at home, and the police did not stay. So certainly prior to any trip to Universal, she could not claim she was in custody.
 
I don't remember Casey being handcuffed either? She was handcuffed when she was arrested on October 14th, 2008 (indicted) and taken in a room and she talked with LE for a few minutes, but they already knew she had invoked her right to counsel, so anything she said in that room couldn't be used anyways... maybe CM is thinking about that video?

Just listened to the first interview at the Anthony home and the detective asks Casey

- You understand you are being recorded?
Casey - Yes.
-Any objections to that?
Casey - No.

At the end of the interview, the detective asks Casey to raise her hand and swear and affirm that everything she just told him was the truth. Casey replied "Yes."

Haven't gotten to the Universal interview, but I have to work soon. I will get to it later.
 
JWG said:
I should add, too, that while she may have been handcuffed briefly at one point that night (almost ten minutes), she was with the police an awful long time driving around looking at apartment complexes during not one but two separate excursions, and not in handcuffs during either trip. Then she was dropped at home, and the police did not stay. So certainly prior to any trip to Universal, she could not claim she was in custody.
Click to expand...

I would like to add KC is gaining weight again.
 
JWG said:
From her texts with Tony that morning at roughly 7 AM, I do not get the impression she felt at that moment that she was in custody. She does mention being handcuffed at one point for nearly 10 minutes and sitting in the back of the police car, but by the time the texts are exchanged she is back at home - without the police - and has had the opportunity to shower.
Click to expand...

I think, by law, anyone who is to be put in a police car, at least in Florida, the person has to be handcuffed? I believe there was a huge case some years ago where a person was not handcuffed and he ended up killing officers? I don't think that means that they are in custody, it's just a safety issue for officers?

ETA: Oh maybe I am wrong? I believe the suspect in that case was handcuffed in the front and was able to use something to pick the lock on the handcuffs... making it so that they have to be handcuffed from the back?
 
Per the above motion, Casey was "confronted" by Orange Co. Sheriff's Dept. at her parent's home, then handcuffed and arrested.

Using the word "confronted" when actually LE was called to the residence, via several 911 calls, is a stretch.
 
LolaMoon08 said:
I think, by law, anyone who is to be put in a police car, at least in Florida, the person has to be handcuffed? I believe there was a huge case some years ago where a person was not handcuffed and he ended up killing officers? I don't think that means that they are in custody, it's just a safety issue for officers?
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That's possible. Also, the apartment-hunting trips around Orlando would not necessarily have been done in a squad car if a detective were driving.
 
They are saying that she was handcuffed the night of 7/15. So, the OCSO shows up to inquire about a missing child and we are supposed to believe they handcuffed her? I don't think so. This is laughable! Must be the same deputy that took Zanny's number from CA.
 
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