2010.03.08 Motion to Exclude Hearsay, Gossip, Innuendo - Legal insight requested

[MissJames]

Not really. But that's a good point--I shouldn't have called it a "confession" when the only things she confessed to were lying and being unhelpful. [/QUOTE
Open mouth,insert. Foot.That came wrong,AZlawyer! I value your input and was not suggesting you misspoke. Your post just got me thinking about what KC actually told them.I know confessions are often kept out ,but wondered if the same would be true if it was a goose chase,instead.

 

[LolaMoon08]

At the end of each interview with police (at the Hopespring house and at Universal) does it mean anything that Casey was told to raise her right hand and to swear that everything she has told them was the truth? Would that be considered a sworn statement?

I know I'm trying to find anything that could make it harder for the defense to get this interview thrown out.

Casey does say in the Universal interview that the last time she took Caylee to Jay Blanchard Park was in May of 2008 which would be helpful against her claims that ZFG and her sister Samantha snatched Caylee at Jay Blanchard Park in June of 2008.

 

[AZlawyer]

At the end of each interview with police (at the Hopespring house and at Universal) does it mean anything that Casey was told to raise her right hand and to swear that everything she has told them was the truth? Would that be considered a sworn statement?

I know I'm trying to find anything that could make it harder for the defense to get this interview thrown out.

Casey does say in the Universal interview that the last time she took Caylee to Jay Blanchard Park was in May of 2008 which would be helpful against her claims that ZFG and her sister Samantha snatched Caylee at Jay Blanchard Park in June of 2008.

It would be a sworn statement, but that would not make it harder to throw it out.

I can't imagine the defense will really be going with the "JB Park Snatch" story...but that's a good point. There are some good statements in that interview that it would be a shame to lose as evidence.

 

[LolaMoon08]

It would be a sworn statement, but that would not make it harder to throw it out.

I can't imagine the defense will really be going with the "JB Park Snatch" story...but that's a good point. There are some good statements in that interview that it would be a shame to lose as evidence.

Dang it!

I also don't think they will be going with the "JB Park Snatch" story (loved the way you put that) but I'm hoping that the jury at least gets to hear how Casey switched the story from dropping Caylee off at the Sawgrass Apt. and never seeing Caylee again to the "JB Park Snatch" story.

Because Casey told Lee about the JB Park story, would that make it hearsay? I wouldn't think that it would be considered hearsay?

Now Cindy says (I know. Just work with me) that Lee (not Casey) told her that Casey told him about the JB Park story. I can understand that being hearsay because Cindy didn't hear the JB Park story directly from Casey. Am I understanding hearsay correctly?

I'm just trying to see, if the interview at Universal is tossed, if there is another way for the switch in stories to be submitted.

Casey directly told Cindy, George and Lee the Sawgrass version. But, from the SA depositions, Lee is the only one who admits to Casey directly telling him the JB Park story. So we would need for Lee to be able to testify to the JB Park version for a jury to hear it at all.

I'll have to go back and read Rob, Tony, LP and Tracey's interviews again because I'm not sure if Casey directly told any of them the JB Park story. I want to say she may have told Rob in one of their drives to JB's office?

This whole hearsay thing is bothering me. A lot!

 

[AZlawyer]

Dang it!

I also don't think they will be going with the "JB Park Snatch" story (loved the way you put that) but I'm hoping that the jury at least gets to hear how Casey switched the story from dropping Caylee off at the Sawgrass Apt. and never seeing Caylee again to the "JB Park Snatch" story.

Because Casey told Lee about the JB Park story, would that make it hearsay? I wouldn't think that it would be considered hearsay?

Now Cindy says (I know. Just work with me) that Lee (not Casey) told her that Casey told him about the JB Park story. I can understand that being hearsay because Cindy didn't hear the JB Park story directly from Casey. Am I understanding hearsay correctly?

I'm just trying to see, if the interview at Universal is tossed, if there is another way for the switch in stories to be submitted.

Casey directly told Cindy, George and Lee the Sawgrass version. But, from the SA depositions, Lee is the only one who admits to Casey directly telling him the JB Park story. So we would need for Lee to be able to testify to the JB Park version for a jury to hear it at all.

I'll have to go back and read Rob, Tony, LP and Tracey's interviews again because I'm not sure if Casey directly told any of them the JB Park story. I want to say she may have told Rob in one of their drives to JB's office?

This whole hearsay thing is bothering me. A lot!

I think Lee is the best bet for this one. Lee will have to admit Casey told him that story, as he's already said this under oath. It will not be excluded as hearsay, because (1) it is a statement of the defendant and (2) it is not being offered to prove the truth of the statement (part of the definition of hearsay)--in other words, the SA will not be asking Lee to testify about the JB Park Snatch story in order to show that it is true. Quite to the contrary.

 

[butterfly1978]

Dang it!

I also don't think they will be going with the "JB Park Snatch" story (loved the way you put that) but I'm hoping that the jury at least gets to hear how Casey switched the story from dropping Caylee off at the Sawgrass Apt. and never seeing Caylee again to the "JB Park Snatch" story.

Because Casey told Lee about the JB Park story, would that make it hearsay? I wouldn't think that it would be considered hearsay?

Now Cindy says (I know. Just work with me) that Lee (not Casey) told her that Casey told him about the JB Park story. I can understand that being hearsay because Cindy didn't hear the JB Park story directly from Casey. Am I understanding hearsay correctly?

I'm just trying to see, if the interview at Universal is tossed, if there is another way for the switch in stories to be submitted.

Casey directly told Cindy, George and Lee the Sawgrass version. But, from the SA depositions, Lee is the only one who admits to Casey directly telling him the JB Park story. So we would need for Lee to be able to testify to the JB Park version for a jury to hear it at all.

I'll have to go back and read Rob, Tony, LP and Tracey's interviews again because I'm not sure if Casey directly told any of them the JB Park story. I want to say she may have told Rob in one of their drives to JB's office?

This whole hearsay thing is bothering me. A lot!

Don't let the hearsay thing bother you... Let me try explaining it this way......

If Casey tells Lee, "ZFG pushed me down and took Caylee at JB Park" that is not hearsay..

If Lee tells Lenard P. that Casey told him that "ZFG pushed her down and took Caylee at JB Park" then that IS hearsay.

Now, Per LP CA did tell RD the same story so Lee is not the only hope for the JB park testimony to get out did tell him the same story adding the script in there, on the way to JB office.

 

[Reagan]

Don't forget, too, KC requested they go there. In her statement LE said to her, "And how did it help bringing us up here today?"

My thoughts exactly. If it weren't for her outlandish stories about meeting the nanny through JH, the non-existent "outcry witnesses" that were once employed with Universal, or her impractical black-jack phone, which was supposedly reported with the lost and found at Universal, at the time 9 days ago (Mon July 7th, 2008? :waitasec If she didn't insist in both her written statement and audio statements that she was employed there.. the detectives would have never thought to have gone there.

John Allen demanded to know repeatedly why she brought them down there, and what was the purpose? After her lame excuse failed miserably, where she said maybe someone at security had seen Caylee around the park.. or maybe they could pass out fliers.. she finally admitted that there was no purpose going Universal, and it wouldn't help find Caylee.

Detective Melich was immediately suspicious of KC's story before they even went to Universal. Heck, the 911 dispatcher was suspicious when she said.. "Why didn't you call 31 days ago?". So IMO of the interviews being admitted in trial, I think it's all or nothing, KWIM?

I think all will be admitted.

:twocents:

 

[Aedrys]

Don't let the hearsay thing bother you... Let me try explaining it this way......

If Casey tells Lee, "ZFG pushed me down and took Caylee at JB Park" that is not hearsay..

If Lee tells Lenard P. that Casey told him that "ZFG pushed her down and took Caylee at JB Park" then that IS hearsay.

Now, Per LP CA did tell RD the same story so Lee is not the only hope for the JB park testimony to get out did tell him the same story adding the script in there, on the way to JB office.

Thank you so much for explaining that! I was really worried that because she probably won't get on the witness stand that a lot of what she said would get thrown out.

It's good to know that she told so many people directly so many things, her getting on the stand or not is a non issue!

 

[debbie0604]

HAHAHAHHAHAHAHHAHAHAHAHAHAHHAHAHAHHA.

This is HILARIOUS reading! I can just imagine JBGood compiling his charts feverishly into the night. Probably the most work he has done since "Day 31" !

AS IF Jose! AS IF you stand a snowballs chance of this gettin' chucked. Thanks for the laugh though!

ETA - I just love the parts where it says Statements attributed to: "Some people", "People", "Unidentified People" and the people with no last names. SOOOO professional! hehehhehehehehe

I am right there with you!!! I was wondering if he had help in "compiling" this chart? :rolling: Also, where is the "infamous hearsay" about the licorice? I looked for that statement and didn't see it, unless I missed it. There were three refs to DC and I checked JH and I don't think I saw where those refs applied to it. I may have missed it.

 

[butterfly1978]

I added two new tags this morning for this thread, frivolous motions and stupidity at its best. LMAO!!

 

[debbie0604]

Hearsay statements...
Page 12 line 6
Caylee is missing..


I suppose this is hearsay because Caylee was actually dead and rotting out by a curb side the whole time right?
OMG this really ruffles my feathers this morning!:banghead:

Page 15 Line 5
Someone working for the police said Cindy was telling people Jesse was involved...

Wasn't this caught on video between Cindy's interviews? Hearsay? Cindy said in a taped interview with YM that she thought Jesse was involved and YM told her that they had already checked out Jesse and Jesse was not involved.

How is Lee saying that Casey lies hearsay? Wasn't that established even by the judge early on? Yes, I remember the judge saying that "the truth and Ms. Anthony are strangers."
Didn't Casey admit that to investigators when she was at Universal? She said and I quote.. "I lied."
Omg this stuff is made for movies, not real life!

(my answers in red) I agree with you, my feathers are ruffled!!! :furious:

 

[truckengirl]

I dont see why JB is wasting his time filing all these motions to have evidence withheld because remember in JB's own words he stated "at trial when I make my opening statement everyone will say oh okay now I undertstand" So JB why the need to get all the evidence thrown out if you are so sure everyone will understand and believe your client is not guilty like you have stated on national tv so many times.

 

[kaRN]

(my answers in red) I agree with you, my feathers are ruffled!!! :furious:

KC also said in one of the few jail visits with her parents that she would lie, steal, whatever to get Caylee back so they need to make it look like the lies started when Caylee went missing.

Lie, steal, party like a rock star or call the police. Hmmmmm that's a tough choice. :banghead:

 

[LiveLaughLuv]

I dont see why JB is wasting his time filing all these motions to have evidence withheld because remember in JB's own words he stated "at trial when I make my opening statement everyone will say oh okay now I undertstand" So JB why the need to get all the evidence thrown out if you are so sure everyone will understand and believe your client is not guilty like you have stated on national tv so many times.

Baez is asking for anything that paints KC in a bad light, removed cause he has no defense, IMO...I too thought we'd hear the 'compelling' reasons why KC acted as she did. I do hope KC takes the stand, once JA or LDB get her there, we will see that rage come front and center. We will see what Caylee most likely saw in her last moments alive. It sickens me Caylee is paying for her murderers defense. :furious:

 

[AZlawyer]

I think we shouldn't worry too much about the evidentiary motions. Evidence that is relevant and reliable will generally come in one way or another.

Regarding the statements Casey made to police, I have mentioned my opinion that the Universal statement could be excluded, and that would be a shame, because there's some good stuff in there--but nothing that makes or breaks the case. And there is a big difference between the Universal statement and the statements made at the home, because the test for whether a Miranda warning is required is not whether the police SUSPECTED her, but whether she was in CUSTODY (i.e., reasonably felt she was not free to leave). When Casey was at home, I'm sure she not only felt free to leave but would have felt free to say "GET OUT OF MY HOUSE!" like she did to Leonard P (and pretty much did to her dad as well while on bail) if she didn't want to answer their questions.

 

[JWG]

I think we shouldn't worry too much about the evidentiary motions. Evidence that is relevant and reliable will generally come in one way or another.

Regarding the statements Casey made to police, I have mentioned my opinion that the Universal statement could be excluded, and that would be a shame, because there's some good stuff in there--but nothing that makes or breaks the case. And there is a big difference between the Universal statement and the statements made at the home, because the test for whether a Miranda warning is required is not whether the police SUSPECTED her, but whether she was in CUSTODY (i.e., reasonably felt she was not free to leave). When Casey was at home, I'm sure she not only felt free to leave but would have felt free to say "GET OUT OF MY HOUSE!" like she did to Leonard P (and pretty much did to her dad as well while on bail) if she didn't want to answer their questions.

And to add, AZ, she was also free to use her cell and the computers while at home those first 16 hours or so. :doh:

 

[LambChop]

If KC refuses to take the stand than how would it be determined that she did not know she was free to leave. The very statements at Universal support the fact that LE asked her if she understood she was free to leave and she answered with yes. So how can JB argue she felt she was not free to leave when her very own statement states the opposite. If she refuses to say anything now aren't we left with the statement she made to LE. Can JB say well I'm sorry judge but KC was lying at the time and she did feel she was in custody when she gave LE that statement? Wouldn't KC have to testify to that fact herself? JMO

 

[JWG]

If KC refuses to take the stand than how would it be determined that she did not know she was free to leave. The very statements at Universal support the fact that LE asked her if she understood she was free to leave and she answered with yes. So how can JB argue she felt she was not free to leave when her very own statement states the opposite. If she refuses to say anything now aren't we left with the statement she made to LE. Can JB say well I'm sorry judge but KC was lying at the time and she did feel she was in custody when she gave LE that statement? Wouldn't KC have to testify to that fact herself? JMO

Hey LC...

KC does not have to take the stand. It is a motion that would be heard by the judge only, and argued by her advocate, Baez.

I think AZ framed such an argument best:

Suppose midway through Casey's Universal interview, she stood up and said, "You know what? I'm done talking to you guys. I have places to be." Would they have let her leave? They'd already told George she might not be coming back, suggesting an intent to arrest her as soon as they thought they had obtained all the information they could out of her. They already knew she was lying and suspected her of some involvement in Caylee's disappearance. Also, didn't she get there in a squad car? So she had no transportation. And I think they'd already taken her cell phone, so she had no easy means of communication. In that situation, would you feel free to leave?

 

[doogiesgirl]

Hey LC...

KC does not have to take the stand. It is a motion that would be heard by the judge only, and argued by her advocate, Baez.

I think AZ framed such an argument best:

Just read your bottom quote about Universal (don't know who the quote is from though) and I was getting ready to argue the other side of the coin. First I went to WFTV's site and listened to part 2 of investigator's grilling KC. Wow....not feeling real confident about the way it starts out. Det. YM does tell her that "they have come into a conference room and shut the door for privacy, but that it is not locked". He doesn't go on to say you are free to leave at any time. Don't know what rights LE has when they want to question a person they have reason to believe may be guilty of a crime, so I don't know if this will be a problem or not. Only listened to the first couple minutes and didn't listen to part 1 (which I think is at her house) so I suppose there could be more on her being free to leave. IDK now.....little worried about this one.

http://www.wftv.com/video/17461496/index.html

moo

 

[logicalgirl]

KC also said in one of the few jail visits with her parents that she would lie, steal, whatever to get Caylee back so they need to make it look like the lies started when Caylee went missing.

Lie, steal, party like a rock star or call the police. Hmmmmm that's a tough choice. :banghead:

She did Karn, but I thought this was just laying the foundation that she did lie, steal and whatever her parents were going to find out about her- but - umm, it didn't have anything to do with Caylee.