2011.01.04 Defense Motion to Suppress Casey's Statements to LE

[TallyHo]

Good morning all! I have been reading this thread in bits and pieces when I could snatch a few free moments. (I co-chair the hospitality committee at my son's school, and this has been Teacher Appreciation Week. Whew...those of you who have done it will know what I mean!!). But thank you all for your work here!

I had a thought while reading the Casey/TonE textfest from the morning of the 16th posted above. Notice that Casey doesn't come out with the stuff about the handcuffs until he "betrays" her by saying he is gong to help the police and her parents. Her tone then becomes frantic - she's afraid that she's losing him and doesn't have his "support". I noticed a definite change in tone at that point. Prior to that she is shoveling the ((bovine excrement)) to explain herself to him, but the tenor of things takes a change here.

A little dramatic license, perhaps??? I obviously don't know for sure, but given her propensity to overdramatize/fabricate stories to manipulate people, I have to wonder about this one!

 

[Bee Charmer]

Good morning all! I have been reading this thread in bits and pieces when I could snatch a few free moments. (I co-chair the hospitality committee at my son's school, and this has been Teacher Appreciation Week. Whew...those of you who have done it will know what I mean!!). But thank you all for your work here!

I had a thought while reading the Casey/TonE textfest from the morning of the 16th posted above. Notice that Casey doesn't come out with the stuff about the handcuffs until he "betrays" her by saying he is gong to help the police and her parents. Her tone then becomes frantic - she's afraid that she's losing him and doesn't have his "support". I noticed a definite change in tone at that point. Prior to that she is shoveling the ((bovine excrement)) to explain herself to him, but the tenor of things takes a change here.

A little dramatic license, perhaps??? I obviously don't know for sure, but given her propensity to overdramatize/fabricate stories to manipulate people, I have to wonder about this one!

Good observation. Let's face it, casey anthony LIED. Period. Now we have mason submitting a motion to the Judge based on that lie, imo.

 

[KenoshaKid]

I just looked on a forum where LE answers questions about procedures when it comes to anyone being in the back of the squad car and most said that they do not handcuff the person... they search them though. Some said that they do handcuff for safety reasons. So I think it would be up to the officer and the level of safety he/she felt having that person sitting in the back of the car.

My hubby (retired police capt) would NEVER EVER put someone in a police car uncuffed. It is just unimaginable.

I guess tho if they were not under arrest you can't cuff them?

 

[kaRN]

I found this on the Hinky Meter now to find the recording if it's available...

http://thehinkymeter.com/phpbb/viewtopic.php?p=29128

.i finally found the additional statements CM wants suppressed....

..detective edwards turns on the recorder just before they put her in the police car------mirandizes her in the car, kc signs the miranda form------and they keep talking as they drive to the building (where she then primps and flirts..)( the white shirt video, where she flips her hair around non-stop)

Is this for real or just wishful thinking.

Here's the link to audio of the first interview done after her written statement and the interview from Universal.http://blogs.discovery.com/criminal_report/2008/09/listen-to-casey.html

 

[LiveLaughLuv]

Are perps "in custody" usually allowed to remain in their homes over night without a police guard? Because that is what happened here, casey anthony was allowed to stay at home with no police involvement.

The next day she agreed to go with LE to Universal and we know what happened then, hence the interview.

I do not believe mason's assertions that casey anthony was "in custody" has any merit.

She wasn't in police custody at that point, BeeCharmer...seems they took her statement and went to check things out. When nothing panned out, they went to Hopespring Dr. and made a decision to allow ICA to "show" them this alleged office of hers. They already knew she lied but his was in an effort to "catch" her in that lie....I don't remember if they called her a suspect at this time or waited for the Tennessee Lab with the trunk results of the human decomp event took place there but she was always a POI...

I just checked, ICA wasn't considered a suspect until October 2008....JMHO

The mother of missing Orlando preschooler Caylee Anthony is now officially considered a suspect in her disappearance, Orange County police said.

Authorities have generally been referring to Casey Anthony as a "person of interest" in the case — but Capt. Angelo Nieves confirmed Thursday that has changed. The 22-year-old mother is now formally suspected in her toddler daughter's disappearance, Nieves' office told FOXNews.com.

The move comes after reams of pages of "discovery" — evidence documents including text message, voicemail and police interview transcripts — were released last week and police announced their belief last month that the missing child is dead.
http://www.foxnews.com/story/0,2933,431925,00.html

Justice for Caylee

 

[LiveLaughLuv]

My hubby (retired police capt) would NEVER EVER put someone in a police car uncuffed. It is just unimaginable.

I guess tho if they were not under arrest you can't cuff them?

I agree...ususally they would tell the person, you are not under arrest but this is for OUR safety....it would be suicide to have someone in their police cruiser uncuffed, even if they are searched first...One never knows what a caged animal would do to get away. I know it doesn't compare to what we see on reality series such as COPS but I also remember where a perp got out of his cuffs (somehow he was able to get his hands in front of him and kill two officers, then himself this was due to a child allegedly being shot, accidently)...but it would stand to believe, perps are cuffed for the officers safety. I don't see anything wrong with keeping themselves safe...

To hear this come out after 2.5 years, tells me, they're still fishing...Why wasn't this said from the start? The "team" is looking for anything they can use for appeal issues in the future, knowing ICA will probably be found guilty...all in a days work, I suppose...JMHO


Justice for Caylee

 

[Bee Charmer]

She wasn't in police custody at that point, BeeCharmer...seems they took her statement and went to check things out. When nothing panned out, they went to Hopespring Dr. and made a decision to allow ICA to "show" them this alleged office of hers. They already knew she lied but his was in an effort to "catch" her in that lie....I don't remember if they called her a suspect at this time or waited for the Tennessee Lab with the trunk results of the human decomp event took place there but she was always a POI...

I just checked, ICA wasn't considered a suspect until October 2008....JMHO



Justice for Caylee

Hiya Live, I know she wasn't, but it appears that mason is saying she WAS in custody from when she was "handcuffed" until her interview at Universal. That is what I am questioning.

Am I reading his motion wrong?

 

[LiveLaughLuv]

Hiya Live, I know she wasn't, but it appears that mason is saying she WAS in custody from when she was "handcuffed" until her interview at Universal. That is what I am questioning.

Am I reading his motion wrong?

I haven't read the motion...but it's all in a days work to try and get all her statements that make her look negative, tossed out...I don't think His Honor would agree...that's the crux of her case, her lies, her unbelievable lies..When someone has nothing to hide, they hide nothing. It appears ICA had everything to lie about for she is the one responsible for Caylee's demise. JMHO

Does Mason understand police procedures?

Where is this motion? I'll check back a few pages...JMHO


Justice for Caylee

 

[LiveLaughLuv]

Yep - it was #2 on the motion - it reads: Upon said confrontation, the Defendant was taken into custody and handcuffed by members of the Sheriff's department, despite having no probable cause of any crime having been committed, having no warrant, and having no exigent circumstances that would justify a warrantless arrest of the defendant.

But that was on June 15th. So I'm not crazy, LOL. It happened the day BEFORE the Universal interview. And Baez claimed she was in custody, in effect, from the first time she was handcuffed until her formal arrest.

So the smell of decomp from the vehicle wouldn't be probable cause??

All her lying about people/places wouldn't warrant an arrest when a child is allegedly "missing"?

I think this is a far stretch for even Mason to consider. I await the response from the state...they will make a perfect argument, keeping this in..I'm guessing the police involved will have to testify to this and His Honor might place it on the calendar to hear the arguments...Why now? Why not when she was first arrested why did he wait to raise this concern...My guess, ICA is nit picking for something, anything to help her in her favor. It won't fly...JMHO


Justice for Caylee

 

[coco puff]

If they want these statements gone, how are they going to pretend that she was a caring mom that did everything she could to help LE find her child?

 

[spqr]

My hubby (retired police capt) would NEVER EVER put someone in a police car uncuffed. It is just unimaginable. I guess tho if they were not under arrest you can't cuff them?

BBM....Sorry but I respectfully disagree. Example, a victim of a crime approaches you says "hey I was just (assaulted, robbed, etc...) he went that way".
You let that victim in your police car to do a canvas of the area for the perp, with the eyewitness/victim in the car with you. You wouldn't place the crime victim in handcuffs in the back of your car.

Also, sometimes you escourt victims/witnesses to court and/or to and from their home for investigation. They are not handcuffed either.

So there are instances one may be in the back of a police car without being handcuffed. JMO

 

[LambChop]

If you are a suspect they would handcuff you. I have seen people riding in the back of both city and state cruisers and they are not handcuffed. They could be family, office staff or plain clothes police. If you are not under arrest I can't see the purpose of the handcuffs. Plus civilians are not suppose to catch rides in cruisers so I can see why most police officers would not put someone in the back seat of a cruiser without handcuffs unless they had a cage. But there are times when someone in the back is not handcuffed. During an accident people can be placed in the back of a cruiser to keep them safe. If they rode around looking at the apartments she was not handcuffed, on the way to Universal she was not handcuffed so there are times when someone is considered a witness they would not handcuff you.

Funny story: Back in the early 70's my husband had what he called a "big dude" handcuffed in the back of his cruiser and he had the cage up between the back seat and driver. He said the guy was just a big old teddy bear in disposition but as he was on his way to the police station he looked in his rear view mirror and both hands were on the cage, half a handcuff on one wrist and half on the other. The man apologized for breaking them but said they were too tight when sitting down. Hubby said, I was very nice to him and tried to keep him in a good mood because I realized the cage was not much protection either. lol

 

[LolaMoon08]

The only way I would believe that Casey was handcuffed (which I still don't believe) was because when LE arrived they had a hysterical Cindy Anthony, a confrontational Casey Anthony, a nervous giggling Lee Anthony, and a bewildered George Anthony. They probably feared for their lives and placed Casey into the back of the car, handcuffed, until they could sort everything out. All kidding aside...

It would be nice if LE had the dashcam's running when they arrived to get a feel for the scene that they arrived on to. For all we know, Cindy could have been screaming and pointing for Casey to be arrested and LE had to get the situation under control before continuing. Officer safety is of FIRST concern when arriving. It was probably hectic, confusing and confrontational. I still don't think she was handcuffed though.

I can see them getting the Universal Studios statement thrown out. I don't really have a problem with that as it is mostly LE saying "You're lying" and Casey saying "Not really" the whole time. I will be really upset if her written statement and her interview at home gets thrown out though... because I do not believe she was "in custody" and I don't think that her text message to Tony should in anyway be the deciding factor in "proving" the she was.

This will be addressed in the early March hearings, right?

 

[LancelotLink]

Did the defense learn or read something in a recent deposition? Or will this be a he said/she said and will she have to be sworn in to testify?

 

[logicalgirl]

Did the defense learn or read something in a recent deposition? Or will this be a he said/she said and will she have to be sworn in to testify?

I don't think so - I think JB and CM are just now getting around to reading the depositions and statements from the last two years for the first time. Things come up, y'know, especially from July and August of '08. :banghead:

 

[LancelotLink]

I don't think so - I think JB and CM are just now getting around to reading the depositions and statements from the last two years for the first time. Things come up, y'know, especially from July and August of '08. :banghead:

I agree. The motion reads like the others, playing fast and loose with the facts, or their opinion of the facts. This hearing will be very interesting. :floorlaugh: If they had anything, such as quotes or something from a report, they would have included those statements in the motion.

 

[miimaa]

Where did the info come from that she was handcuffed? Her texts to Tony?

 

[AZlawyer]

Where did the info come from that she was handcuffed? Her texts to Tony?

Yes. And now the defense team has said it in a motion, which, unless they are total idiots, means they think they can prove it.

Notice I included two options in that sentence. I am not expressing any opinion as to which option is true.

 

[logicalgirl]

Where did the info come from that she was handcuffed? Her texts to Tony?

There seem to have been two times we are discussing - one that was mentioned in the motion - from I believe October, when the LE was following the car ICA was in, and they pulled over and did a car switch - she was arrested and put in handcuffs that time and mirandized. . That handcuffing is in the arresting officer's notes.

The other time seems to be when ICA texts TL late in the evening of July, the night of the 911 car. According to ICA, she was put in the car and handcuffed for about ten minutes, but we haven't seen any record of this yet, it appears to be ICA looking for sympathy from TL (which didn't work if the texts we saw are any indication).

It is very confusing, I think I've got it right. Oh good, I see while I was bumbling through this, AZ answered you, LOL.

 

[AZlawyer]

There seem to have been two times we are discussing - one that was mentioned in the motion - from I believe October, when the LE was following the car ICA was in, and they pulled over and did a car switch - she was arrested and put in handcuffs that time and mirandized. . That handcuffing is in the arresting officer's notes.

The other time seems to be when ICA texts TL late in the evening of July, the night of the 911 car. According to ICA, she was put in the car and handcuffed for about ten minutes, but we haven't seen any record of this yet, it appears to be ICA looking for sympathy from TL (which didn't work if the texts we saw are any indication).

It is very confusing, I think I've got it right. Oh good, I see while I was bumbling through this, AZ answered you, LOL.

And just to confuse things more, LG, the motion mentions only the July 15 handcuffing (which maybe never happened) and not the October 14 handcuffing (which surely happened).