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

[LambChop]

Could it be that LE was not worried about the statements at Universal as long as they were able to find out where Caylee was? Maybe they felt they had enough with her written statement and any statement she made at the house. JMO

 

[AZlawyer]

Could it be that LE was not worried about the statements at Universal as long as they were able to find out where Caylee was? Maybe they felt they had enough with her written statement and any statement she made at the house. JMO

That's one thing I suggested earlier--that they knew whatever she said at Universal might get thrown out, but they were hoping to get information out of her that would lead to either: (1) a live Caylee or (2) a body and therefore evidence. And then they tried to hedge their bets a little by saying "the door is unlocked" etc.

 

[LolaMoon08]

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

I don't know which detective it is but he has a nice Southern accent and @ 5:46 (Part One) He asks Casey " You're here willingly, right? Casey replies "Um Hmm." and @ 5:55 (Part One) he asks Casey "No one's forcing you to be here, right" and Casey replies "No."

At least they had her admit that she was there talking to them willingly and they weren't forcing her to be there. I don't know how much that helps but I understand (now that it has been explained) the reason that it could very well be thrown.

It's unfortunate if it does get thrown out but as long as anything directly said by Casey to witnesses (Lee, George or Cindy) then I'm not worried. I think it is so important for the Sawgrass Apt. story to come in and the JB Park story to come in.

The Sawgrass story could have been somewhat believable (if everything Casey had said didn't prove to be a lie). I could see someone dropping their child off with a babysitter and the babysitter talking off with the child. It happens! ZFG could have just had a miscarriage (and many before that) and just snapped. Seeing Casey as this awful mother (as Casey said ZFG said in the JB Park story) she may have thought Casey didn't deserve Caylee. Heck, you have women so desperate for a baby that they will kill the mother while pregnant and cut the baby out. So, that is believable to me.

Which makes no sense why she would switch to a story that is not believable.

First of all, I watched a video taken at JB Park on youtube (when it wasn't that busy) and I counted numerous people jogging.

Second of all, Lee says that the abduction happened at the playground closest to the YMCA. I tried to find a lay out of JB Park and I couldn't find one but it would be great if anyone knew exactly how far away the YMCA is to this playground. I don't know about the YMCA's in Orlando, but the one here in Fort Myers, Florida is always busy. My sister was a day care teacher there some years ago.

Casey said in her Universal interview (I know!) that Caylee liked the bigger playground at JB Park because it had more things to do and there were always other kids there. She said that that playground is closest to the YMCA.

It was obviously close to a parking lot because Casey could see Samantha putting Caylee in the silver Ford Focus.

It was a Monday (June 16th, 2008) so I don't know how busy the park would be between the hours of 9am and 1pm. Do they have free parking at JB Park because I tried to find an average of how many people visited the park each day and I could not find one.

But the reason it is not believable to me is... no mother would just let someone take their child without giving up a fight. I don't care if ZFG held her arms down... she had to walk away at one point and any mother would have went after her and slammed her head into the ground before letting her take their child.

She never mentions that she screamed out that someone was taking her child. Who wouldn't scream at the top of her lungs trying to get attention that someone was taking her child?

No one would just sit there. Perfect strangers would not just sit there and watch a child being abducted. But Casey did?

Also, George says that the JB Park story was them all just brainstorming... it would be great if the jury got to hear that too.

 

[LambChop]

I don't know which detective it is but he has a nice Southern accent and @ 5:46 (Part One) He asks Casey " You're here willingly, right? Casey replies "Um Hmm." and @ 5:55 (Part One) he asks Casey "No one's forcing you to be here, right" and Casey replies "No."

At least they had her admit that she was there talking to them willingly and they weren't forcing her to be there. I don't know how much that helps but I understand (now that it has been explained) the reason that it could very well be thrown.

It's unfortunate if it does get thrown out but as long as anything directly said by Casey to witnesses (Lee, George or Cindy) then I'm not worried. I think it is so important for the Sawgrass Apt. story to come in and the JB Park story to come in.

The Sawgrass story could have been somewhat believable (if everything Casey had said didn't prove to be a lie). I could see someone dropping their child off with a babysitter and the babysitter talking off with the child. It happens! ZFG could have just had a miscarriage (and many before that) and just snapped. Seeing Casey as this awful mother (as Casey said ZFG said in the JB Park story) she may have thought Casey didn't deserve Caylee. Heck, you have women so desperate for a baby that they will kill the mother while pregnant and cut the baby out. So, that is believable to me.

Which makes no sense why she would switch to a story that is not believable.

First of all, I watched a video taken at JB Park on youtube (when it wasn't that busy) and I counted numerous people jogging.

Second of all, Lee says that the abduction happened at the playground closest to the YMCA. I tried to find a lay out of JB Park and I couldn't find one but it would be great if anyone knew exactly how far away the YMCA is to this playground. I don't know about the YMCA's in Orlando, but the one here in Fort Myers, Florida is always busy. My sister was a day care teacher there some years ago.

Casey said in her Universal interview (I know!) that Caylee liked the bigger playground at JB Park because it had more things to do and there were always other kids there. She said that that playground is closest to the YMCA.

It was obviously close to a parking lot because Casey could see Samantha putting Caylee in the silver Ford Focus.

It was a Monday (June 16th, 2008) so I don't know how busy the park would be between the hours of 9am and 1pm. Do they have free parking at JB Park because I tried to find an average of how many people visited the park each day and I could not find one.

But the reason it is not believable to me is... no mother would just let someone take their child without giving up a fight. I don't care if ZFG held her arms down... she had to walk away at one point and any mother would have went after her and slammed her head into the ground before letting her take their child.

She never mentions that she screamed out that someone was taking her child. Who wouldn't scream at the top of her lungs trying to get attention that someone was taking her child?

No one would just sit there. Perfect strangers would not just sit there and watch a child being abducted. But Casey did?

Also, George says that the JB Park story was them all just brainstorming... it would be great if the jury got to hear that too.

PLUS: KC still had her cell phone.

 

[ZsaZsa]

I don't know which detective it is but he has a nice Southern accent and @ 5:46 (Part One) He asks Casey " You're here willingly, right? Casey replies "Um Hmm." and @ 5:55 (Part One) he asks Casey "No one's forcing you to be here, right" and Casey replies "No."

At least they had her admit that she was there talking to them willingly and they weren't forcing her to be there. I don't know how much that helps but I understand (now that it has been explained) the reason that it could very well be thrown.

It's unfortunate if it does get thrown out but as long as anything directly said by Casey to witnesses (Lee, George or Cindy) then I'm not worried. I think it is so important for the Sawgrass Apt. story to come in and the JB Park story to come in.

The Sawgrass story could have been somewhat believable (if everything Casey had said didn't prove to be a lie). I could see someone dropping their child off with a babysitter and the babysitter talking off with the child. It happens! ZFG could have just had a miscarriage (and many before that) and just snapped. Seeing Casey as this awful mother (as Casey said ZFG said in the JB Park story) she may have thought Casey didn't deserve Caylee. Heck, you have women so desperate for a baby that they will kill the mother while pregnant and cut the baby out. So, that is believable to me.

Which makes no sense why she would switch to a story that is not believable.

First of all, I watched a video taken at JB Park on youtube (when it wasn't that busy) and I counted numerous people jogging.

Second of all, Lee says that the abduction happened at the playground closest to the YMCA. I tried to find a lay out of JB Park and I couldn't find one but it would be great if anyone knew exactly how far away the YMCA is to this playground. I don't know about the YMCA's in Orlando, but the one here in Fort Myers, Florida is always busy. My sister was a day care teacher there some years ago.

Casey said in her Universal interview (I know!) that Caylee liked the bigger playground at JB Park because it had more things to do and there were always other kids there. She said that that playground is closest to the YMCA.

It was obviously close to a parking lot because Casey could see Samantha putting Caylee in the silver Ford Focus.

It was a Monday (June 16th, 2008) so I don't know how busy the park would be between the hours of 9am and 1pm. Do they have free parking at JB Park because I tried to find an average of how many people visited the park each day and I could not find one.

But the reason it is not believable to me is... no mother would just let someone take their child without giving up a fight. I don't care if ZFG held her arms down... she had to walk away at one point and any mother would have went after her and slammed her head into the ground before letting her take their child.

She never mentions that she screamed out that someone was taking her child. Who wouldn't scream at the top of her lungs trying to get attention that someone was taking her child?

No one would just sit there. Perfect strangers would not just sit there and watch a child being abducted. But Casey did?

Also, George says that the JB Park story was them all just brainstorming... it would be great if the jury got to hear that too.

As my Mother used to say- there's more than one way to skin a cat.
All this information will come in, but it may have to be by a circuitous route.

 

[LambChop]

With all the people KC told Caylee was with the Nanny even if they keep out the 911 calls and the statement at Universal, the Nanny is coming in and somehow there has to be an explanation as to why she had to have a Nanny with no job. Not sure how that could be avoided by defense? Interesting with the JBP story is that Nanny already had the car that was replaced by the accident which had not happened yet according to the statement CA gave LE. JMO

 

[The World According]

With all the people KC told Caylee was with the Nanny even if they keep out the 911 calls and the statement at Universal, the Nanny is coming in and somehow there has to be an explanation as to why she had to have a Nanny with no job. Not sure how that could be avoided by defense? Interesting with the JBP story is that Nanny already had the car that was replaced by the accident which had not happened yet according to the statement CA gave LE. JMO

Brillant!!!!! Good catch Lambchop!!!! Too , too funny!!! You just can't make this stuff up!!!

 

[logicalgirl]

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!

Didn't Cindy and Casey spend some time in the bathroom when Casey first came home on bond, and when they came out wasn't this when Cindy was spouting the JB Park Snatch story or do I need to go back and read the docs again?

 

[LolaMoon08]

Didn't Cindy and Casey spend some time in the bathroom when Casey first came home on bond, and when they came out wasn't this when Cindy was spouting the JB Park Snatch story or do I need to go back and read the docs again?

No, you are right... which goes along with George's statements about them brainstorming.

But Lee says that Casey privately told him the JB Park story in that little 5 minutes he had time to talk to her when Tracey went out for a smoke.

I just can't get past why any of them thought it was a good idea to change the story in the first place. Now Casey's defense has two stories, instead of one, to try and get past while defending Casey. I'm not complaining mind you... I just can't believe that Casey allowed Cindy to talk her into it.

I'm just glad that Casey told the JB Park story directly to Lee. That way it can't be hearsay.

EDIT: I'm assuming from George's statement that this whole story was made up by Cindy because the whole Sawgrass story was proven to be false. They had to find a way for it to look like Casey's life, Caylee's life and "the families" life was threatened. Making Casey scared to come forward. They could have at least added a weapon in there because it makes Casey look even worse for not at least fighting to avoid her daughter being abducted.

 

[logicalgirl]

No, you are right... which goes along with George's statements about them brainstorming.

But Lee says that Casey privately told him the JB Park story in that little 5 minutes he had time to talk to her when Tracey went out for a smoke.

I just can't get past why any of them thought it was a good idea to change the story in the first place. Now Casey's defense has two stories, instead of one, to try and get past while defending Casey. I'm not complaining mind you... I just can't believe that Casey allowed Cindy to talk her into it.

I'm just glad that Casey told the JB Park story directly to Lee. That way it can't be hearsay.

Why? LOL! Because it wasn't difficult to prove the Sawgrass apartment had been empty for six months....hard to drop your child off to a babysitter under those circumstances - even Cindy could figure that one out.

 

[LolaMoon08]

Why? LOL! Because it wasn't difficult to prove the Sawgrass apartment had been empty for six months....hard to drop your child off to a babysitter under those circumstances - even Cindy could figure that one out.

I think Cindy figured because that poor woman, Nicole Ganguzzo, was murdered in Jay Blanchard Park without any one seeing or hearing anything, that people would believe the same thing could happen with the abduction of Caylee at Jay Blanchard Park. She's wrong. Someone did see and hear the abduction. Her own mother, Casey Anthony, who did nothing about it.

It disgusts me that she would go as far as trying to use the murder of an innocent woman to her and her daughter's advantage.

 

[RR0004]

I think Cindy figured because that poor woman, Nicole Ganguzzo, was murdered in Jay Blanchard Park without any one seeing or hearing anything, that people would believe the same thing could happen with the abduction of Caylee at Jay Blanchard Park. She's wrong. Someone did see and hear the abduction. Her own mother, Casey Anthony, who did nothing about it.

It disgusts me that she would go as far as trying to use the murder of an innocent woman to her and her daughter's advantage.

Didn't Casey already mention that...was it in one her police interviews?...where she states she promised her mom not to go out jogging alone?

Does anyone else remember that?

 

[logicalgirl]

I do remember that also - but I'll be darned if I can remember where - and I'm not sure it absolutely had to do with jogging, but yes, the murder was definitely mentioned.

Arghh, it is so annoying this is dragging out so long and I have to keep going back to refresh my memory - some of this is soooo hard to listen to or watch more than once or at the most twice.

 

[strach304]

Didn't Casey already mention that...was it in one her police interviews?...where she states she promised her mom not to go out jogging alone?

Does anyone else remember that?

Yes. :dance:

 

[LolaMoon08]

Didn't Casey already mention that...was it in one her police interviews?...where she states she promised her mom not to go out jogging alone?

Does anyone else remember that?

Went back... Universal Interview (again) they were having the conversation on other places Zanny would take Caylee and Casey said JB Park. Said that Caylee like JB Park. One of the detectives brought up the murder of Nicole and said "We just walked that area. That's where the jogger was killed, I believe."

Casey says "My mom didn't want me to go running out there for that reason. She didn't even want me to go running on the outside of our neighborhood around Chickasaw (sp?).

Wonder why she felt the need to give up the information about Chickasaw (sp)? Disgusting how she can so easily talk about the place near where she dumped Caylee's body.

 

[jon_burrows]

The whole JBP snatch story is ridiculous. Assuming for one second Casey is telling the truth, why would a trusted nanny who babysat Caylee for ~ 2 years decide to kidnap her at a public park (with her sister and other children in tow)? If she wanted to kidnap Caylee all she had to do was wait until Casey went to work (like any normal day) then take her.

Oh wait, that was the first story...until they found out the apartment had been vacant for months.

 

[LambChop]

Went back... Universal Interview (again) they were having the conversation on other places Zanny would take Caylee and Casey said JB Park. Said that Caylee like JB Park. One of the detectives brought up the murder of Nicole and said "We just walked that area. That's where the jogger was killed, I believe."

Casey says "My mom didn't want me to go running out there for that reason. She didn't even want me to go running on the outside of our neighborhood around Chickasaw (sp?).

Wonder why she felt the need to give up the information about Chickasaw (sp)? Disgusting how she can so easily talk about the place near where she dumped Caylee's body.

I believe this was because one of her male buddies had seen her jogging in that area and mentioned it to her. She told him it was not her.

 

[The World According]

The whole JBP snatch story is ridiculous. Assuming for one second Casey is telling the truth, why would a trusted nanny who babysit Caylee for ~ 2 years decide to kidnap her at a public park (with her sister and other children in tow)? If she wanted to kidnap Caylee all she had to do was wait until Casey went to work (like any normal day) then take her.

Oh wait, that was the first story...until they found out the apartment had been vacant for months.

Too funny Jon, then she changed it to she dropped her off at the steps of the apartment , that they had met up there and lots of other places before. I am just an aunt , and I can tell you when I drop off or pick up my nieces bring so much stuff with them , my husband has to help me make a second trip to the car. She talks about meeting up to drop her as if she is loaning Zanny a sweater.

 

[ZsaZsa]

Too funny Jon, then she changed it to she dropped her off at the steps of the apartment , that they had met up there and lots of other places before. I am just an aunt , and I can tell you when I drop off or pick up my nieces bring so much stuff with them , my husband has to help me make a second trip to the car. She talks about meeting up to drop her as if she is loaning Zanny a sweater.

Also if the dropping her off at the stairs to the apt were true (ha) surely she would have made a phone call to say ... I'm just pulling in to your apt, come on out and meet me' or was ZG psychic and just managed to walk out on the stairs at exactly the same time as they arrived..?

 

[Reagan]

Went back... Universal Interview (again) they were having the conversation on other places Zanny would take Caylee and Casey said JB Park. Said that Caylee like JB Park. One of the detectives brought up the murder of Nicole and said "We just walked that area. That's where the jogger was killed, I believe."

Casey says "My mom didn't want me to go running out there for that reason. She didn't even want me to go running on the outside of our neighborhood around Chickasaw (sp?).

Wonder why she felt the need to give up the information about Chickasaw (sp)? Disgusting how she can so easily talk about the place near where she dumped Caylee's body.

It's funny because she actually said, "My mom didn't want me jogging out there for the longest time for that reason".
The jogger was found dead June 11th '08.....5 days before imaginary people took Caylee from KC.

She never thinks before she speaks :loser: