2011.01.04 Defense Motion to Suppress Casey's Statements to LE

[LolaMoon08]

Okay everyone... Let's breath! In... Out....In... Out... one more time... In.... Out. Okay...

It is my opinion that if the Universal Studios interview gets tossed out... it's really not that big of a deal. No offense to the detectives, but they talked almost the entire time anyways. I think the majority of Casey's responses were "Um Hmm", "Absolutely", and "That's the truth." I think the only new lie we were able to get out of Casey in that interview was that she was a student at Valencia. Okay, let's move on.

As for the Hopespring Drive interview? I don't see how she could have ever assumed that she was placed into custody? I can tell you one thing though, Casey gave her written statement before giving this interview. The detective points out to Casey, that he is giving her the opportunity to change her statement right there! That he had read it and if there is anything she wants to change from her original statement, this was the time to do it. Casey said she was sticking to her story... because it was the truth.

So, even IF the Hopespring Drive interview gets thrown out, which I don't think will be thrown out, we have Casey's written statement that I am 99.9% sure will be seen by the jury.

Casey's written police statement...

On June 9th, 2008 between 9am-1pm, I Casey Anthony took my daughter Caylee Marie Anthony to her nanny’s apartment. Caylee will be 3-years-old on August 9th, 2008. She was born August 9th, 2005. Caylee is about 3 feet tall, white female with shoulder-length brown hair. She has dark hazel eyes (brown/green) and a small birthmark on her left shoulder. She was wearing a pink shirt, jean shorts, white sneakers, and her hair was pulled back in a ponytail.

On Monday June 9th, 2008 between 9am and 1pm, I took Caylee to the Sawgrass Apartments located on Conway Rd. Caylee’s nanny, Zenaida Fernandez-Gonzlez is twenty-five-years-old, and is from New York. She is roughly 5 foot 7 inches tall, 140lbs. She has dark brown, curly hair, and brown eyes. Zenaida’s birthday is in September. I met Zenaida through a mutual friend, Jeffrey Michael Hopkins. She has watched his son, Zachary Hopkins for about 6 months to a year. I met Zenaida in 2004, around Christmas.

On the date listed above, June 9th, 2008, after dropping Caylee off at Zenaida’s apartment I proceeded to head to my place of employment Universal Studios Orlando. I have worked at Universal for over 4 years, since June of 2004. I Left work around 5pm and went back to the apartment to pick up my daughter. However, after reaching the apartment I realized that neither Zenaida, Caylee, or her two roommates were home. I have briefly met Raquel Farrell and Jennifer Rosa on various occasions. After calling Zenaida to see where she and Caylee were, and when they were coming home. I waited outside of the apartment - I had called Zenaida earlier that morning, prior to bringing Caylee over for the afternoon. When I called her that afternoon her phone was no longer in service. Two hours had passed, and around 7pm I left the apartment, and headed to familiar places that Zenaida would go with Caylee. One of Caylee’s favorite places is Jay Blanchard Park. I spend the rest of that evening pacing and worrying at one of the few places I felt “at home.” My boyfriend Anthony Lazzaro’s apartment.

For the past four weeks, since Caylee’s disappearance, I have stayed at Anthony’s apartment, in Sutton Place. I have spent everyday since Monday, June 9th, 2008 looking for my daughter. I have lied and stolen from friends and family to do whatever I could by any means to find my daughter. I avoided calling the police, or even notifying my own family out of fear. I have been and still am afraid of what has or may happen to Caylee. I have not had any contact with Zenaida since Thursday June 12th, 2008. I received a quick call from Zenaida. Not once have I been able to ask her for my daughter or gain any information on where I can find her. Everyday I have gone to malls, parks, any place I could remember Zenaida talking Caylee. I have gone out, and tried to find any information about Caylee, or Zenaida. Whether by going to a popular bar, or restaurant. I have contacted Jeff Hopkins on several occasions to see if he had heard from or seen Zenaida. Jeff currently lives in Jacksonville, Florida.

On Thurday, July 15th, 2008, around 12pm, I received a call from my daughter, Caylee

Just thinking aloud now, but wouldn't you think that they would want to get Casey's phone call home, where she talked to Cindy, Lee and Kristina, thrown out? And isn't it too late for them to even address this issue?

 

[RR0004]

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.

She was handcuffed at home? I realize that CM is going for the sensationalism factor here, but this is a real doozy of a motion. It's riddled with inaccurate information (notice I didn't say lies?...tee-hee).

 

[Brattigirle]

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........

LOL which I hear means "lots of luck".

 

[RR0004]

I noticed how they try to make it sound like the big burly, armed detectives pounded her into the dirt!!
Confronted. confrontation, handcuffing/arrest/seizure, unlawfully seized...good grief! The poor little waif was in peril. Even guarded by the security guard at Universal.
Yep. This will be a hoot!

What's amazing that in spite of these big, bad, detectives Casey showed not an ounce of fear. She had no problem lying to their faces. The girl's got a set, that I must say. If anyone would be scared, I imagined it would be the detectives. That girl is one cold killer.

 

[RR0004]

Aha! But they want THAT thrown out as well!!

...and I imagine that they could say.."Well you just called her a liar.What made you think she was telling you the truth then?"

 

[logicalgirl]

I'm also wondering if this motion is heard after the "Lies" one, and the "Lies" one is denied, just how much bearing would what ICA said she was feeling after the fact have on the Universal motion.

Also, I want to know where Mason is getting the "handcuff" information from. Was it from the LE and is Mason being accurate in his recall of their information, or has he just mixed up a stew of information, run it through a blender and hope it gets granted?

 

[AZlawyer]

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?

Well, there would be a little bit of a hole in the storyline lol. But they don't really have to explain why they arrested her, just show that she committed murder.

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?

I'm sure the State will jump all over it if she was actually Mirandized or was not actually handcuffed. But as far as the Miranda warnings, it seems like that would be the one thing they would have made sure to get on tape if they had given them. :waitasec: And they documented giving her the Miranda warnings later on, at the station--doesn't seem to be much point in giving them at the station if they had already given them a few hours earlier.

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?

No, because not getting Miranda warnings doesn't mean that the charges get dropped. It just means that your statements while "in custody" can't be used against you.

 

[kaRN]

Just wondering why if his clients miranda rights were violated 2.5 years ago, we're hearing about it now and not on July 19, lets say 2008??? JB at the time was doing 20 media interviews a day and somehow managed to forget to tell the world how his clients miranda rights were violated??? I know he's a bad lawyer but seriously he can't be that bad....can he?
Wouldn't violation of those essential rights come first in my defense of a client??
Also wondering why this motion comes only from MC and not from both he and JB and why it isn't even cc'd to JB?????

 

[zoey]

What's amazing that in spite of these big, bad, detectives Casey showed not an ounce of fear. She had no problem lying to their faces. The girl's got a set, that I must say. If anyone would be scared, I imagined it would be the detectives. That girl is one cold killer.

I remember thinking that at that time as well...cast that off to experience I guess---:loser:

You know what I would love to see one of these days?---The rights of the parent or gaurdian thrown out if they don't provide useful info on any infomation related to the child---something needs to be done. When tiny children are invovled and the last known person to see them don't talk---lock em up....throw away the key---and if the attorney complains lock them up as well---when its life or death ----rights go bye bye

 

[krisskross]

I'm also wondering if this motion is heard after the "Lies" one, and the "Lies" one is denied, just how much bearing would what ICA said she was feeling after the fact have on the Universal motion.

Also, I want to know where Mason is getting the "handcuff" information from. Was it from the LE and is Mason being accurate in his recall of their information, or has he just mixed up a stew of information, run it through a blender and hope it gets granted?

Yes with this crew, you always have to wonder. All those LE depos, one would think if he had gotten the handcuff info from a deputy, he would have bolstered his motion by giving the name of the officer, date of depo etc and significantly more details. I have a feeling Ole Cheney is just winging it again. And would this particular defense team deny themselves gloating time, if such a revelation had come their way via a deposition? Would not they be complaining that vital info had been denied them in discovery?

Having said that, I think its possible she was handcuffed, but only for a very short period. If Casey says it was 10 minutes, betcha it was more like 5. Deputies had taken her over to Sawgrass prior to Yuri Mellich's arrival and his subsequent taking charge of things. Mellich arrived around 3.30 am.

“We then went to 2863 S Conway Road #210 to confirm this was the same apartment she showed deputies earlier that night and where she had left the child on June 9th. She confirmed that was the same apartment.”

Mellich goes on to say those deputies had already ascertained the apartment had been vacant for 142 days. Seems to me there are a couple of reasons a deputy might have handcuffed her. Whether coming or going, this unknown quantity, who failed to report her child missing is getting into his/her patrol car. Surely safety considerations are allowed under those circumstances.

Mason imo seems to be relying on a pretty wild premis that the handcuffing equates to seizure :floorlaugh: or as he chooses to put it, " her different stages of........ "virtually continuously, "in custody " :waitasec:

Ok, I suppose he did use the word "virtually". So maybe he did give a passing thought to her spending the remainder of the night in her own home, without a police guard. Did it however slip Cheney's mind that she had her cell phone returned to her cos at 6.48 am, she started texting back and forth with Tony Lazarro, eventually calling him at aournd 7.27am. I doubt some burley deputy sheriff was standing at her side when she and Tony were on the phone. They spoke for a further 2hrs 02 mins. Casey would also later call Ryan Pasley and Mark Hawkins. This very busy girl despite being in a state of "virtually continuous custody" would also create a myspage page for Caylee, send out a mass text, and field a call from Yuri Mellich who was already over at Universal. Mellich put her on speaker phone and asked her for the location and telephone number of her office. IIRC Muffin obliged
with a fake extension number.

Mason is reaching.:floorlaugh: But with the weight of evidence and Casey Anthony for a client, I doubt he has much choice in the matter.

 

[Macushla]

Well, I think one excellent thing might come out of this motion There is no way the State is going to let this one go with just a verbal response and I bet CM will insist on a hearing with witnesses because he is chomping at the bit to have a go at Det. Melich, Sgt. Allen and Cpl. Edwards. HOWEVER, and here is where I need one of our most wonderful legal analysts (well, that is what you are, right?) to chime in on. IF the defense calls all the detectives to the stand - doesn't the state have the right to call KC to the stand, too? Can the defense get away with speaking 'for' KC without her actually testifying to this? And if she is put on the stand, how much wiggle room will the State have to slip in a question or two that might, just might make her uncomfortable or better yet lie under oath. Now that would be a hearing I would most definitely attend!

 

[manatee]

IRC...didn't KC give a report to child protective services, DCF, while she out on bond? She retold the same story again? So certainly Zenaida story is coming in, as well as all her lies about her job and "searching" for her Caylee. I agree with AZ that all of the info she told LE at Universal can be brought in through other means. it will be ok even without that.

 

[LancelotLink]

I agree with krisskross,
If this thing had any legs it would have already trotted itself to the nearest gaggle of reporters and a press conference would have ensued, huge sunglasses and all.

 

[Solace]

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.

AZ, thanks for your post. One question. Are you sure about the time that Yuri called George and told him KC might not be coming home? Thanks much.

 

[Kentjbkent]

I'm also wondering if this motion is heard after the "Lies" one, and the "Lies" one is denied, just how much bearing would what ICA said she was feeling after the fact have on the Universal motion.

Also, I want to know where Mason is getting the "handcuff" information from. Was it from the LE and is Mason being accurate in his recall of their information, or has he just mixed up a stew of information, run it through a blender and hope it gets granted?

Perhaps it is just assumption? If Mason has only put in a total of 500 hours since he became involved in the case, perhaps he hasn't even begun to read all documentation from Page 1 and instead is basing his comments on teeth gritting conversations with Baez and pure speculation?? :waitasec:

 

[ladygator]

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?

Oh, yes! Hank Earl Carr. He was helping LE after 'accidentally' shooting his GF's Son. He WAS handcuffed, in the front. And used a handcuff key he had on a necklace, IIRC, to take the cuffs off and shoot the detectives.

The new law, since that case, is that the handcuffs have to be in the back. Not the front.

 

[Solace]

Perhaps it is just assumption? If Mason has only put in a total of 500 hours since he became involved in the case, perhaps he hasn't even begun to read all documentation from Page 1 and instead is basing his comments on teeth gritting conversations with Baez and pure speculation?? :waitasec:

I could be wrong but I think it is possible that Baez will not make it through this trial because he is just too lazy and overwhelmed. The fact that he sends out an e-mail re the experts as he did shows he is just not up to the mininum standards of defense. Not only does he ignore the court order but he insults the state with his juvenile comments. He still asks for 30 days and does not get it. Perry is willing to take it to the level of misconduct in his courtroom so the days of procrastinating are over. This trial will be here in four months and it is going forward.

For Cheney to submit a motion asking for the interviews of KC thrown out AND TO NOT HAVE GIVEN A COPY to the State is laughable. Perry seems to find Cheney amusing. I don't think the same goes for Baez.

 

[beach]

The main drawback that I can see if the Universal interview is excluded is to show exactly how pathological this girl is. The gall...the absolutely incredible lengths she would go to while being accompanied by LE to walk down the hallway to her non-existent virtual office to the non-existent virtual job she did not have. ( is that a double-negative? :waitasec: can't keep up) With no way out and forced to admit she was lying about that, before YM had time to blink, she spit out yet another lie about the reason she brought them there...to search for clues that might lead her to find her 2 1/2 yr. old child had been kidnapped by the imaginanny.

I want a jury to hear about that little road trip. Not so much what she said, but what she was willing to do.

I totally agree that the nuts & bolts can be brought in through other means (her statement to LE, initial interview, etc..). If the Universal Studios incident is excluded it is by no means gonna make or break the SA's case. However, I gotta admit this was very, very compelling stuff for me. It showed exactly who she is.

 

[Intermezzo]

Oh, yes! Hank Earl Carr. He was helping LE after 'accidentally' shooting his GF's Son. He WAS handcuffed, in the front. And used a handcuff key he had on a necklace, IIRC, to take the cuffs off and shoot the detectives.

The new law, since that case, is that the handcuffs have to be in the back. Not the front.

Thank you for that information...

 

[LiveLaughLuv]

Prisoner, voluntarily took these fine detectives to Universal, she was not in custody, so no miranda rites were needed. They gave ICA every opportunity to tell the truth, this is where they confronted her on her mistruths, gave her an opportunity to change her story, but she insisted, that's my story and I'm sticking to it..this line of questioning the parent who's child is allegedly missing, isn't unusal, it's their job to get to the truth so they can find this child. No help from ICA....JMHO

This is the defense trying to allude to there being a conspiracy surrounding their client...all a conspiracy, didn't look further...Yet, there is no need to look further when the allegedly missing child's parent gives no credible information, never calls authorites about her child allegedly missing but it's all the big bad detectives fault...NOT...JMHO

Justice for Caylee