2011.01.04 Defense Motion to Suppress Casey's Statements to LE

[Solace]

It's possible that the detectives will be able to say what happened at Universal without relating what Casey said during the "interview" part. Perhaps they will be able to relate Casey's statements and actions all the way up until they went in the room and said, "Look, we know you're lying to us about everything," or words to that effect. If HHJP ruled that the "custody" began at that moment, I think an appellate court would agree.

I agree with you AZ, because Yuri and the other detectives "knew" that she was lying and did not work at Universal and they were going to confront here with all the evidence that has become "a pretty big snowball". He also told her you will be crucified with this story (not verbatim). At that point, according to your case studies, she is for all intents and purposes "in custody".

However, I don't thinnk she was in custody at her house. Because KC says she was handcuffed does not make it so and that is where officers would be called to testify to the veracity of this statement by KC. I think.

I have never heard Cindy say she was handcuffed that evening and I believe she would have it all over the news if it were true.

This hearing is going to be very interesting.

Having said all that, I think the Universal interview is out. I don't find that to be such a big deal with all the other evidence. But I can't wait to hear the State's response.

I know you have all discussed this but I am just kind of getting to it. Thanks for your patience.

 

[Solace]

I must not be reading this motion correctly.
To me CM is alleging she was handcuffed/arrested/seized just after the deputies arrived on the evening of July 15. So, after CA calls three times and they arrive, she was placed into handcuffs right then, after they confronted her?
I don't recall any confrontation. Everyone filled out reports. ICA and her brother were in the garage by themselves...
Reading this it sounds as if she was handcuffed before YM ever arrived on scene.
Hopefully it will come out during this hearing just how and when ICA was handcuffed/arrested/seized in the evening hours of July 15.

Lee also tells the State that KC was free to move about the house.

 

[logicalgirl]

Re the motions to suppress, at the Bond Hearing Baez does an excellent job of showing that Casey NEVER invoked her right to an attorney, piece by piece and Yuri says she WAS NOT a suspect.

In CM's motion, I understand she was handcuffed and taken on a tour. I am assuming he means the Universal Tour. She was never handcuffed here and why he absolutely lies about this is beyond me.

I can see the interview where KC gets emotional and on August 14th being kept out. She had invoked her right and says I shouldn't even be taking this call.

I cannot see the July 16th (early in the morning and the Universal Tour) being kept out. As Baez says she went willingly and never invoked her right to an attorney.

Agreed?? Or no?

Also anyone have this motion, I cannot find it. Thanks again.

Thanks for your comments Solace - agree with you all the way.
While I do understand why Baez wants these statements kept out - that is so obvious when you read the transcripts - I don't see why they should be. She went voluntarily to Universal, and I believe if she had demanded they drive her home, the LE would have done that.
And the handcuffs statement lies in the same category as the abuse statements - all about look at me, pay attention, poor little me!

 

[Solace]

I dunno about that. All they did was release a criminal to commit more crimes. This guy was arrested close to where I live for some pretty serious stuff. I wasn't convinced by Finnell and her co counsel whatsoever.

Horace,

They got the killer and it shows him at the end of the documentary. But this is another story.

 

[Solace]

Thanks for your comments Solace - agree with you all the way.
While I do understand why Baez wants these statements kept out - that is so obvious when you read the transcripts - I don't see why they should be. She went voluntarily to Universal, and I believe if she had demanded they drive her home, the LE would have done that.
And the handcuffs statement lies in the same category as the abuse statements - all about look at me, pay attention, poor little me!

Maybe it will be allowed in because they do not arrest her at the end of it.

 

[logicalgirl]

Maybe it will be allowed in because they do not arrest her at the end of it.

Yes, I think that trip to Universal was the corner stone of the charges that followed. I know the LE thought a lot was hinky about the initial conversations they had with the family the first night, but the Universal tour gave them a much clearer view of what they were dealing with.

Just because ICA incriminated herself so deeply during this tour does not mean she was in custody when they left to go to Universal and while they were walking around looking for non-existent offices, blackjacks, etc.

Sorry Jose!:seeya:

 

[Solace]

CA: "Casey's never been a mentally unstable person. She's never been diagnosed with anything..."

That is interesting since she told Ryan Paisley, KC's friend to stay away from her that she is a sociopath.

 

[The World According]

I was discussing these motions with my law professor for evidence class, who is a seated judge, and he basically said the defense HAS to file these motions. It may upset people but that is their job and it would practically be malpractice not to. These are standard evidentiary issues - trying to keep out statements and other evidence that make your client look like a bad person, so that the jury will decide her fate based on the facts of the case and the evidence presented and not because they have negative emotions about her (well, he said it differently, his analogy was more brutal).

So yeah, we don't like it but the defense is doing their job and all is not lost because the state can argue their side and the Judge will decide.

This is one of those really close call issues. The great thing is that we all get to see our system running in real time here...this is how it works for the guilty and for the innocent. LE have to make tough calls in the field, and they know the consequences, but sometimes they roll the dice. I don't think Casey is innocent, but these rights are provided to everyone, and I'd want them provided to me God forbid, if I were ever wrongly accused.

I look forward to hearing Judge Perry's opinion and I thank our verified lawyers here for their assistance in figuring this all out. As a student, this has been of great value.

Hi Ziggy! Has he seen the responses from Jose that got him sanctioned? He'll have a heart attack!!! LOL!
Your professor is correct, much of what we will see is perfunctory. The various and sundry motions Andrea filed about the death penalty are a good example. We have no problem with them checking things off the to do list of motions that are filed in every case. The problem is the extreme amount of laziness and slopiness* that they are prepared with, as if they aren't even putting in the pretence of an effort. They are often wrong on the facts, wrong on the law, rarely ever served to the proper parties, it is offensive.
In the words of Richard Hornsby , "Jose Baez cannot even get the margins right". Your professor would be apalled if he only knew the depth and breadth of the fiasco. It isn't that they are filing normal things that we know they must to lay a record, .......
it is the sad, tired and pitiful, cut and paste, non proof- read childish things, replete with errors from top to bottom, insufficient as a matter of law, procedurally incorrect, subtantatively incorrect *, whining, unprofessional documents that they are filing that has the legal community as well as blogging community in unison with "He has become a clown, a legal clown", as Mr. Hornsby opined of Jose Baez. If he were grading these documents, he would fail them miserably.
MOO
O/T Best of luck with your studies. I hope all good things for your happy and lucrative career!!! If you ever find yourself working for someone you do not like, trust or respect......bail. Surround yourself with only people you admire to inspire you. Never settle for shady examples, consider them enemies to your plan for your career and bail immediately!! If I had a kid interning in Baez's office, I would be angry and that would be very short lived, indeed!!!!!

* those are the words of Mark Nejame and Linda Drane Burdick If he wants to see the flavor of how bad things are...here are two of my favorite times that Jose got taken to SCHOOL!!
[ame]http://www.youtube.com/watch?v=Ae5J_ObjkTw[/ame]
http://www.docstoc.com/docs/27552747/TES-Additional-Docs-Notice

I'm afraid if show him the defense response to the judge's order on the experts he will think you are making them up just to make him laugh!

 

[Leila]

thanks to Flitterfuzz @ IS for the memory jolt. This bit Baez gives at the begining of this clip. He pretty much refutes the recent motion to exclude Casey's statements. He never eludes to anything having to do with her being held and not free to leave.

http://www.youtube.com/watch?v=cNQp_-iEJ5s

This video is truly a memory jolt. In this interview, as in all the interviews Cindy has done, she never once looked straight into the camera and made a tearful plea to Zanny to please return Caylee.

 

[The World According]

for Ziggy, just for laughs

[ame="http://websleuths.com/forums/showpost.php?p=5551840&postcount=121"]Websleuths Crime Sleuthing Community - View Single Post - 2010.08.24 Defense Motion to Silence the Media[/ame]

This hearing will sum up the problem for your professor, just be sure he isn't drinking hot coffee.

 

[ziggy]

Ha! Thanks World...of course professor is a seated judge and he loves that I'm watching all of these real live evidence trials but he has no interest because it's like work

He's very encouraging though and trust me - I'm no spring chicken. My values are set in stone at this point and if I felt an uncomfortable situation or a lack of respect that I might have for a superior, buh bye. It's going to be challenging, no doubt, but I have only worked for someone once, that was not good at his profession and was dishonest and I regretted staying on with that business.

These motions are great DON'Ts. And it's nice to be on a forum with so many intelligent posters and Muzikman who can provide all the fantastic reading material!

 

[zoey]

This video is truly a memory jolt. In this interview, as in all the interviews Cindy has done, she never once looked straight into the camera and made a tearful plea to Zanny to please return Caylee.

ITA...IIRC no one from that family did....

 

[krisskross]

Yes, I think that trip to Universal was the corner stone of the charges that followed. I know the LE thought a lot was hinky about the initial conversations they had with the family the first night, but the Universal tour gave them a much clearer view of what they were dealing with.

Just because ICA incriminated herself so deeply during this tour does not mean she was in custody when they left to go to Universal and while they were walking around looking for non-existent offices, blackjacks, etc.

Sorry Jose!:seeya:

Just listened to the Universal session again. John Allen repeatedly makes the point that Casey Anthony brought them there.

• " you're here willingly?
• " you brought us here cos she might be here?"
• " you brought us here to find her right"?
• " did you think she was gonna take a cab here"?
• " or did you purposely mislead us"?
• " did you think we'd walk in here, she'd be sitting in the lobby"

He eventually gets her to say " I purposely misled you"

When backed in, she goes on to say

• " Im coming back to places that are familiar to me."
• "Maybe she's been here within the last 5 weeks...
• " Maybe they have something upfront, her coming through the turnstyles, I dont know"

Im wondering if the Universal trip was originally suggested by Cindy. I can see Cindy initially wanting to prove the existence of the blackjack phone, Juliette Lewis and Jeffrey Michael Hopkins.........before the terrible reality set in. Or do I really need to take a break from this case?:crazy:

 

[darnudes]

I'm not sure if anyone has posted this or not and please excuse me for not reading back as I don't have much time, but as to the veracity of Baez's lastest motion, look no further than the first bond hearing. What is stated in the latest motion is an outright lie by Casey Anthony, Cheney Mason and Jose Baez - all of them are lying.

If there was any truth to the latest motion whatsoever Baez would have brought it up in that first bond hearing, in fact, Baez goes out of his way to remark that Casey Anthony gave her statements freely and did not state she wanted a lawyer. Baez even presses the point further and further by repeatedly asking Yuri if she requested a lawyer at this point, or at that point, etc, as she is being driven around. Baez himself makes a massive issue out of the fact that Casey herself never requested a lawyer - and not because she was in handcuffs or any such nonsense. Yuri didn't even pick her up at noon to take her to Universal as he testifies at the bond hearing. Baez continues to question Yuri and asks at each stage "did Anthony invoke her right to counsel" Yuri replies "no". Baez asks this critical question at least 7 times! Baez then makes another of his critical errors (in light of this motion) by saying that "a lot has been made of my clients unwillingness to talk to LE, have you ever contacted my office?" the State Attorneys then object as this has nothing to do with the bond hearing.

Baez is at his sleaziest best at this hearing and people should be prepared because this is the man we will see at trail. First he attacks Yuri for not getting to the Anthony house until 3 hours after Yuri is notified about a missing child case, then Baez attacks Yuri for taking a vacation, but it is not just the attacks, it is the language he uses whilst he is attacking that is so offensive. However, what is really the most offensive thing about this bond hearing is that Baez was trying to get Anthony out on bail, he was trying to assert how helpful she was, how she talked to LE, did not invoke her right to counsel and so forth, now when it suits Baez/Anthony's purpose they will try to use that very same situation that they tried to spin one way and now use it to say she was railroaded. What a load of utter BS! Baez even has the audacity to infer that it would have been helpful to keep Anthony out of jail longer so Yuri could take her to more places before Caylee went missing.

I know that this motion is going down in flames as it should do. All of them, Anthony, Baez, Mason make me sick to my stomach.

[ame]http://www.youtube.com/watch?v=DeLdTCOF2lM&feature=related[/ame]

[ame]http://www.youtube.com/watch?v=659JE9JrkfI&feature=related[/ame]

 

[The World According]

If I live to be 100 I will never stop laughing at this quote;
"It is the Courts most fervent hope that this promise was truthful, given the nature of our current budget. On the other hand, the Court fears that this statement may have been merely the product of an active imagination and tight boots"Judge Strickland to Cheney Mason

:floorlaugh::floorlaugh:

Danadunes there is another part of the bail bond hearing that folks are asking for , Mrs Drane Burdick questioning Cindy Anthony about the source she would use for bail money. If anyone has that can you post it please. I have tried to no avail to get a comprehensive recording of the entire bail hearing and am not able to find it. TIA

 

[Reagan]

• " you're here willingly?
• " you brought us here cos she might be here?"
• " you brought us here to find her right"?
• " did you think she was gonna take a cab here"?
• " or did you purposely mislead us"?
• " did you think we'd walk in here, she'd be sitting in the lobby"

He eventually gets her to say " I purposely misled you"

When backed in, she goes on to say

• " Im coming back to places that are familiar to me."
• "Maybe she's been here within the last 5 weeks...
• " Maybe they have something upfront, her coming through the turnstyles, I dont know"

Snipped and BBM
I too just listened to the Universal interview last night, and although AZLawyer points out that the bulk of this interview is a recap of her previous statements, I feel there are important points in the interview that a jury should hear, that weren't in her other statements. I hope this is the one time AZLawyer is wrong (cause she's always right on the money!) and these statements come in. No offense, friend!

I want a jury to hear that she admits she 'purposely mislead them', and other things like John Allen asking her how lying will help them find Caylee and she says, "It doesn't help". She said this numerous times. I want them to hear her laugh about an uncomfortable chair. I want them to hear her repeatedly speak of Caylee in past tense.
In the words of cindy, "this is key".

I think they could have read her Miranda rights, left her uncuffed, and she still would've yapped away. Unfortunately they didn't, so I can see why it wouldn't be allowed in. I heart AZLawyer and her professional input, but just want her to be wrong. Just this once, please lol.

I know, I know. Wishful thinking.

P.S Sorry if my thoughts are disheveled and all over the place. It's too cold at the moment to walk to the store and get my coffee :thud:

 

[krisskross]

Snipped and BBM
I too just listened to the Universal interview last night, and although AZLawyer points out that the bulk of this interview is a recap of her previous statements, I feel there are important points in the interview that a jury should hear, that weren't in her other statements. I hope this is the one time AZLawyer is wrong (cause she's always right on the money!) and these statements come in. No offense, friend!

I want a jury to hear that she admits she 'purposely mislead them', and other things like John Allen asking her how lying will help them find Caylee and she says, "It doesn't help". She said this numerous times. I want them to hear her laugh about an uncomfortable chair. I want them to hear her repeatedly speak of Caylee in past tense.
In the words of cindy, "this is key".

I think they could have read her Miranda rights, left her uncuffed, and she still would've yapped away. Unfortunately they didn't, so I can see why it wouldn't be allowed in. I heart AZLawyer and her professional input, but just want her to be wrong. Just this once, please lol.

I know, I know. Wishful thinking.

P.S Sorry if my thoughts are disheveled and all over the place. It's too cold at the moment to walk to the store and get my coffee :thud:

Wishful thinking or not, Mason's motion lacks detail, chronology and affidavits. I think this is one where we have to seriously question the pleadings within Mason's motion. At the end of the day it would all seem to hinge on this notion of her being or feeling she was "in custody." I think Mason has his work cut out.

 

[Intermezzo]

I'm not sure if anyone has posted this or not and please excuse me for not reading back as I don't have much time, but as to the veracity of Baez's lastest motion, look no further than the first bond hearing. What is stated in the latest motion is an outright lie by Casey Anthony, Cheney Mason and Jose Baez - all of them are lying.

If there was any truth to the latest motion whatsoever Baez would have brought it up in that first bond hearing, in fact, Baez goes out of his way to remark that Casey Anthony gave her statements freely and did not state she wanted a lawyer. Baez even presses the point further and further by repeatedly asking Yuri if she requested a lawyer at this point, or at that point, etc, as she is being driven around. Baez himself makes a massive issue out of the fact that Casey herself never requested a lawyer - and not because she was in handcuffs or any such nonsense. Yuri didn't even pick her up at noon to take her to Universal as he testifies at the bond hearing. Baez continues to question Yuri and asks at each stage "did Anthony invoke her right to counsel" Yuri replies "no". Baez asks this critical question at least 7 times! Baez then makes another of his critical errors (in light of this motion) by saying that "a lot has been made of my clients unwillingness to talk to LE, have you ever contacted my office?" the State Attorneys then object as this has nothing to do with the bond hearing.

Baez is at his sleaziest best at this hearing and people should be prepared because this is the man we will see at trail. First he attacks Yuri for not getting to the Anthony house until 3 hours after Yuri is notified about a missing child case, then Baez attacks Yuri for taking a vacation, but it is not just the attacks, it is the language he uses whilst he is attacking that is so offensive. However, what is really the most offensive thing about this bond hearing is that Baez was trying to get Anthony out on bail, he was trying to assert how helpful she was, how she talked to LE, did not invoke her right to counsel and so forth, now when it suits Baez/Anthony's purpose they will try to use that very same situation that they tried to spin one way and now use it to say she was railroaded. What a load of utter BS! Baez even has the audacity to infer that it would have been helpful to keep Anthony out of jail longer so Yuri could take her to more places before Caylee went missing.

I know that this motion is going down in flames as it should do. All of them, Anthony, Baez, Mason make me sick to my stomach.

http://www.youtube.com/watch?v=DeLdTCOF2lM&feature=related

http://www.youtube.com/watch?v=659JE9JrkfI&feature=related

To add to your wonderful post,
Baez also asked a lawyer friend from Miami, Mike Walsh, who specializes in appeals, to come on board to appeal her bond to Florida's Attorney General..it was denied and supposedly they were going to take the appeal to the Federal level.

http://www.wftv.com/news/17050534/detail.html
APPEALS COURT DENIES BOND REDUCTION REQUEST

Court Denies Request To Lower Casey Anthony's Bond
http://www.wesh.com/r/17039556/detail.html

IMO, If there was anything that Walsh could have used against LE to lower her bond it would have been..

 

[Disguiseduser0308]

I know that this motion is going down in flames as it should do. All of them, Anthony, Baez, Mason make me sick to my stomach.

http://www.youtube.com/watch?v=DeLdTCOF2lM&feature=related

http://www.youtube.com/watch?v=659JE9JrkfI&feature=related

Ty for posting these, D! I cannot get past the first three minutes without spitting fire. Baez actually has the gall to question the amount of time it took Yuri to get to the Anthony home. Three hours from first call (re:theft) till detectives arrive. "So you just sat around your office when you knew we had a missing child?" & "You got to it when you got to it?" :furious:

What about the 31+ days that your client allowed to lapse? Guess she was gonna get to it when she got to it.

 

[Reagan]

Ty for posting these, D! I cannot get past the first three minutes without spitting fire. Baez actually has the gall to question the amount of time it took Yuri to get to the Anthony home. Three hours from first call (re:theft) till detectives arrive. "So you just sat around your office when you knew we had a missing child?" & "You got to it when you got to it?" :furious:

What about the 31+ days that your client allowed to lapse? Guess she was gonna get to it when she got to it.

I know, right? It's not like he was sitting at his office playing farmville and face booking like some people we know *coughbaezcough*.

After learning that a child had been "missing" for 31 days without being reported (and not even by casey), Yuri obviously had to do some research on who and what he was dealing with before he went to interview this odious creature.

It's like when cindy and casey had the audacity to ask why an amber alert wasn't issued, then had the nerve to complain to the media that LE wasn't doing their job. :maddening:

And so what if Yuri took a short vacation. There was an entire task force from multiple agencies within OCSO working on this case. I highly doubt he was sitting on the beach drinking a corona. As lead detective, he was probably updated constantly. Not really a vacation if you ask me.