2011.01.04 Defense Motion to Suppress Casey's Statements to LE

[LancelotLink]

According to the motion, they want to supress any and all statements attributed to Casey made to LE on July 15 thru July 16. Would that not include her written statement? Anything having to do with ZFG? Lying to LE?
On what proof?
Yep. This will be interesting to watch.

 

[gitana1]

I feel like that day the motion was filed to kick Judge Strickland off the case, and I said, "Well, now, that's not a terrible motion." And the beating commenced lol. :fight:

So look, all I'm saying is that it's not a terrible motion. Now, when I say something IS a terrible motion, you'll know that's my true and unbiased opinion.

I know KC is guilty and I want her to be convicted as much as anyone. But I have a congenital truthfulness problem, sort of the exact opposite of KC's problem. And in this case, IMO it makes very little difference whether this statement is in or out.

:whiteflag:

I agree with you 100%. I have always been worried about this interview and its admissibility. When I first heard it I kept waiting for the Miranda warning and wondered why they didn't use it. This is one motion they could conceivably win. I hope not because the context of the investigation will be harder to show without it.

I feel that it was a mistake not to Mirandize her. This woman is cocky enough that I feel she would have talked just as much and would have given the same statements, regardless. Of course, they could not have known that yet, I guess.

AZ, how do you think they will lay their foundation of why they did what they did in the investigation and what steps they took if they can't refer to this interview? How would that look?

 

[nums24]

Oh we are not trying to jump on you AZ. You teach us so much. And yeah for this defense team this is definately one of the better motions. Something that could actually be argued with a chance of some success at least approaching 10% maybe.

Somehow at this point I don't think that the judge is going to go to far out on a limb to toss these statements. I think that his rather clear warning of "I am not afraid to try this case twice, so do not seek to take advantage" was a clear threat that he will not avoid any and all potential appellate concerns. If there is not some clear independent documentation of KC clearly in some state of custody I think he will err on the side of LE. Otherwise that "tripwire" of the defendant reasonably believes they are not free to go, could be way to easily exploited by every defense attorney on the planet. or am I missing something there? I mean doesn't there have to be something a little more to it than the defendant (especially such a verbose storyteller) claiming that "oh yeah I didn't think I was free to go when talking to the police"?

Now if she was in fact handcuffed at some point as claimed, yeah that would be a good reason to toss it all. But is there any indication of evidence of that that does not come exclusively from KC's mouth or originate with her? Are there any witnesses to her being cuffed and put in the police car? Is there dashcam footage of it from the car? Did any officers file any reports indicating that the suspect was restrained at any time? What exactly is the information or evidence backing up any claims of handcuffs or restraints? Or was KC simply projecting ahead knowing that she was going to be arrested? Knowing that it was coming, while even the officers around her had not reached that point yet?

Perfect! Your words are my thoughts exactly.

 

[Trapshooter]

Do we know for sure that ICA was not Mirandized? I know my memory is not what it used to be but for the life of me, I can't remember ICA being handcuffed during that time frame?

 

[Numbers]

Quote:
Hornsby points out that at that point in the case, Anthony was still the mother of a missing child and was being interviewed by detectives as expected.

"She did what was expected of any mother whose daughter is missing, and that is try to assist them in finding out what may have happened to her daughter," Hornsby said.

Seriously???!!! does he really believe that Inmate Anthony was trying to assist LE in finding out what happened to her daughter?????

I believe that ICA was *playing the role of* any mother whose daughter is missing and that is try to assist them in finding out what may have happened to her daughter.

And I'm sure her performance was Oscar-worthy. In her mind.

 

[NoNameLeft]

Maybe the handcuff incident actually took place, IDK. But if it did, I'm wondering why we haven't heard anything about the handcuffs from Cindy, George or Lee. Not a word about this in their media & LE/FBI interviews. Especially when they got very defensive and felt LE wrongly focused on Casey, you'd think Cindy would have jumped on that: 'They handcuffed her right away, before they even spoke to her!'. And since the motions by the defense have a way of being not very accurate when stating facts, it wouldn't surprise me if the only evidence to support this motion is Casey's text to Tony.

Anyway, even though I'd really like to keep these statements in, it is always nice to see the defense file a motion that actually makes sense, since it happens so rarely.

 

[nums24]

AZLawyer,

I admire, appreciate, love reading your posts and you have my utmost respect! I just can't believe they filed this motion, if they had attached something to back up their statement other than ICA's "version of how things transpired", I might not have been so offended by this motion.

I have a question, if ICA was in custody and not mirandized properly, wouldn't this case have been dismissed already? Wouldn't the defense have filed something about her not being mirandized from the get go or when they were appealing her bail?

 

[Intermezzo]

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?
http://www.youtube.com/watch?v=Y_SyH8-6Pho
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".

I go out for the evening and what happens....MM posts the Motion to Suppress...you know it's hard to play catch up... :waitasec: now where have I heard that recently.

How did I know that when I get to the end I would see Mason's siggy.

I got a real laugh at the part that the OCS Officers "confronted" Casey at her home...UUMMMM Cindy made 3 911 calls and LE responded to the calls...

So Mason states Casey was confronted, handcuffed, arrested and interrogated and then they let her stay home.

After more questioning LE picks her up at home the next day and take her to Universal

 

[Intermezzo]

From reading this motion, it looks like (1) they are trying to get the statements made at the house thrown out, as well as the statements made at Universal, and (2) the handcuffing was prior to the statements made at the house, and many many hours prior to the statements made at Universal.

IIRC Yuri's arrest affidavit made no mention of handcuffing, which is why we didn't know about it (except from Casey's text to Tony about the 10-minute handcuffing). So the handcuffing episode probably happened while the original officers were there. Would Casey reasonably have felt she was "in custody"--i.e., not free to go--while being questioned later by Yuri? I don't think so. I think she felt like she had matters well in hand at that point. But I don't know how much time had passed since the handcuffing, what explanation was provided for the handcuffing and/or for the removal of handcuffs, etc.

At Universal, though, I still tend to think she was "in custody" for the conference room interview, even if she was never handcuffed. I think Yuri and his partner knew that it would be a close question whether she was "in custody" or not, and that's why they made a big deal about the door being unlocked. Yuri had already told George that Casey might not be coming home, and does anyone really think he would have let her stand up and walk out of the building at that point, based on the evidence he already had against her?

IMO Yuri and his partner decided not to give Miranda warnings because they were hoping that they could get Casey to tell the truth. If they could, then they might not be able to use her statements against her, but they could still use whatever evidence they found based on following up on what she said. It was a strategic decision, and I'm not saying it was a bad strategy. It just didn't work, because it turned out that Casey was not just a scared young mother who made a mistake--she was a pathological and emotionless liar.

bbm
Wait, wait, wait...
The first of Cindy's 911 calls was to have Casey arrested for stealing money and the car...maybe Casey was 'cuffed because of that call...

 

[NoNameLeft]

According to the motion, they want to supress any and all statements attributed to Casey made to LE on July 15 thru July 16. Would that not include her written statement? Anything having to do with ZFG? Lying to LE?
On what proof?
Yep. This will be interesting to watch.

They might wish that ZFG disappears from tape. But unfortunately for the defense, the 911 tapes are already in. Also on that call we hear Cindy, completely frantic, followed by a very calm and collected Casey. Not a pretty picture. Still, the defense didn't have the brains to fight that statement. IIRC, the state even made a comment about that at the 911 hearing, as if they fully expected the defense to object and were surprised they did not.

 

[Aedrys]

I feel like that day the motion was filed to kick Judge Strickland off the case, and I said, "Well, now, that's not a terrible motion." And the beating commenced lol. :fight:

So look, all I'm saying is that it's not a terrible motion. Now, when I say something IS a terrible motion, you'll know that's my true and unbiased opinion.

I know KC is guilty and I want her to be convicted as much as anyone. But I have a congenital truthfulness problem, sort of the exact opposite of KC's problem. And in this case, IMO it makes very little difference whether this statement is in or out.

:whiteflag:

Awwwww, WE LOVE YOU AZlawyer!!!!! And I really appreciate your honesty and integrity in discussing this case with us. I'd rather you be honest even if I may not like what you have to say. I always respect your opinion completely, and I wouldn't understand legal things about this case and the law in general if it wasn't for your wisdom!!!! I like that I get a full understanding from you, and not just hear what I want to hear, you know? I'd rather know everything I can than just pick and choose what I want to know. Thanks for all of the hard work you do in this case for all of us! And don't ever feel like you have to wave a white flag! Keep up the great work!

I will be upset if the Universal stuff gets thrown up, but at least I will understand why, and that's the most important thing here!

 

[sumbunny]

Next, the defense will ask to have the car thrown out, because they weren't allowed to purchase two similar cars and do their own independent tests like the SA did.

wait for it! ~LOL~

Casey may have lied to Tony about being handcuffed, wondering what his reaction would be, if in fact she did become a prisoner..would he wait for her etc?

To Quote Cindy "ʎɐʍ ɐpuıʞ spɹɐʍʞɔɐq ɐ uı ǝsuǝs sǝʞɐɯ ʇI"

 

[Numbers]

Awwwww, WE LOVE YOU AZlawyer!!!!! And I really appreciate your honesty and integrity in discussing this case with us. I'd rather you be honest even if I may not like what you have to say. I always respect your opinion completely, and I wouldn't understand legal things about this case and the law in general if it wasn't for your wisdom!!!! I like that I get a full understanding from you, and not just hear what I want to hear, you know? I'd rather know everything I can than just pick and choose what I want to know. Thanks for all of the hard work you do in this case for all of us! And don't ever feel like you have to wave a white flag! Keep up the great work!

I will be upset if the Universal stuff gets thrown up, but at least I will understand why, and that's the most important thing here!

RBM

I may understand, but I may also feel compelled to throw a major hissy fit, call Mason an idiot, and purchase some butt-ugly shades to help me express my opinion.

Fair warning. It won't be pretty.

 

[NoNameLeft]

Next, the defense will ask to have the car thrown out, because they weren't allowed to purchase two similar cars and do their own independent tests like the SA did.

wait for it! ~LOL~

That motion was denied without prejudice, so in theory they could have tried again to get those cars. LOL to Mr. Mason on that one! :floorlaugh:

 

[sumbunny]

That motion was denied without prejudice, so in theory they could have tried again to get those cars. LOL to Mr. Mason on that one! :floorlaugh:

OMG really? I had no idea they had a motion to exclude Casey's stinkmachine on wheels!

 

[Aedrys]

RBM

I may understand, but I may also feel compelled to throw a major hissy fit, call Mason an idiot, and purchase some butt-ugly shades to help me express my opinion.

Fair warning. It won't be pretty.

ITA. And GAH, I meant thrown out, not thrown up. I guess that was a Freudian slip, LOL.

 

[Brattigirle]

Oh HO!! The bond hearing testimony should clear this little misunderstanding right up.
JB: "She could have asked for a lawyer at any time, but she didn't."
YM: "She wasn't a suspect."

http://www.youtube.com/watch?v=DeLdTCOF2lM&NR=1

How was this line of questioning helping Jose?

 

[Numbers]

How was this line of questioning helping Jose?

He was able to demonstrate through his performance to the world at large (courtesy of the media) that he knew 13 English words?

And they flocked to Orlando to bask in his presence........

 

[NoNameLeft]

OMG really? I had no idea they had a motion to exclude Casey's stinkmachine on wheels!

Nope, I meant the motion to buy 2 cars and do a pizza experiment.

ETA: and to clarify my earlier post about the 911 tapes (the edit button disappeared), I meant the defense did not fight Casey's statement on that tape. IOW, even if there is some worst case scenario and all her other statements get tossed, they still have her on tape lying without any emotion and mentioning the phantom nanny.

Sorry for any confusion

 

[chefmom]

Well, I'm not at all surprised to see the defense trying to get these statements suppressed. They have to at least try something. However, unless or until someone OTHER than a member of the defense team or a member of the A clan states that KC was placed in handcuffs, I do not believe it. And, I will need more than a text to TL from KC as proof. Maybe I am being naive, but we are talking about the first 24 hours after it had been reported that a 2 y/o child had been kidnapped. Of course LE would be talking to KC! Of course they would be going to all of the places that she told them to look for the big, bad nanny. Of course they would go with her to her office to retrieve the phone she left on her desk that contained the phone number to the kidnapping nanny, which KC couldn't remember even though this person had been her nanny for a year and a half. Of course they would be asking her a lot of questions. They were trying to find Caylee. The only problem is, they weren't expecting that the mother of the missing toddler would lie, lie, lie, and then lie some more. They never expected her to make up addresses, and jobs, and outcry witnesses. They expected her to help find her daughter. Instead, she did everything she could to make sure they didn't find Caylee.