2011.03.02 Motions Hearing - #2 (PM)

[kaRN]

Earlier this morning, there was a shot of JB looking at his laptop, and I swear it looked like a white page, with a blue stripe up top, like a WS page.......lol......funny how ICA now has a blue pen for her frantic writing instead of the red pen....just saying....MOO

LOL!! I noticed too but it looked like FB to me aqnd I thought how appropriate.

 

[sleutherontheside]

CM is making up facts.....he knows it....when LDB objected he replied that the witness could answer "no". He KNEW he was making it up.

 

[mitzi]

Ewwww, CM is so smarmy...he badgers each witness, and then when done, says "thankyou" and gives them a shy little wave and smile. :banghead:

 

[BondJamesBond]

I believe it is standard operating procedure to put someone in the "cage" portion of the patrol car whenever transporting an unknown somewhere, for whatever reason. For the officer's safety.

...the voice of experience. lol. They NEVER lemme ride in the front either, JWG. :angel:

 

[BigFatMommyDog]

Why would they have mirandized her at this point? They were helping her find her alleged kidnapped daughter, right?

Exactly - Mason's going for the whole intimidation aspect and relating them to the facts that occurred much later....

It's a stretch, but it might work. Sorry. No rocks please!

 

[jennyb]

I think the jury will be like us. Cringing in their seats during CM and Baez and alert and excited to hear LDB and Ashton "correct" the record.

 

[Melanie]

lol @ image of KC crawling into the patrol car's front seat.

But she couldn't because she was in the cage, in the cage, in the caaaage....LOLOL

Hard to believe he really did say that: She couldn't crawl into the front seat. She couldn't get out of the car either (that would be smart to do in a moving vehicle).

Therefore, she must have been in custody!

I'm like OMG!!!

:banghead:

 

[Horace Finklestein]

So according to Mason - if you kill your kid, just ask for help from LE and pray they don't mirandize you? Disgraceful and dangerous.

 

[jennyb]

This officer is so poised. She's got a great career ahead of her.

 

[strawberry]

Isn't she the officer who knew Lee from High School?

 

[beach]

Did CM just refer to the Anthony house on HopespringS Drive?

LOLOL!!!!

One of GA's finer moments when he corrected LDB on such a trivial point this morning. Utterly ridiculous. For that moment, I had flashbacks of the civil depo when Mitnick was questioning him.

 

[zoey]

So according to Mason - if you kill your kid, just ask for help from LE and pray they don't mirandize you? Disgraceful and dangerous.

Please remember its not homicide since they couldn't give an exact manner of death.....:maddening:

 

[strawberry]

LOLOL!!!!

One of GA's finer moments when he corrected LDB on such a trivial point this morning. Utterly ridiculous. For that moment, I had flashbacks of the civil depo when Mitnick was questioning him.

Did he really?? At least she didn't flash him the finger.

 

[cloud9]

ICA stated she didn't have specific info as to Sawgrass???

 

[TiaM]

Does anyone recall if the SA asked Deputy Eberlin if he and his supervisor were within ICA's presence when the supervisor instructed the Deputy to take off the handcuffs - that they were not focusing on the fraud?

That could take care of the whole "thought she was under arrest or in custody" question right there.

 

[ohiogirl]

Good question, why did you take her there? Because she didn't know the exact address and she said she would show us. Good one.

 

[ziggy]

I believe the language is:

“that a person is entitled to the warnings when the person is “taken into custody or otherwise deprived of his freedom of action in any significant way,” but that “the initial determination of custody depends on the objective circumstances of the interrogation, not on the subjective views harbored by either the interrogating officers or the person being questioned.”

The Court stated that, to determine whether an individual was in custody, a court must examine all of the circumstances surrounding the interrogation, but “the ultimate inquiry is simply whether there [was] a ‘formal arrest or restraint on freedom of movement’ of the degree associated with a formal arrest,” and concluded that whether the investigation had focused on the person was not relevant in determining whether the person was in custody and thus entitled to Miranda warnings.


So in the "totality of the circumstances" that the State will bring up regarding that KC was merely "transported" and that the purpose was to find the apartment where her daughter was last seen.

This will deal a blow to the defense - it's a chip away at the assertion that KC felt threatened etc... and she was not handcuffed in the vehicle - the focus was off her credit card theft and onto the kidnapping.

Officer Safety police re: transporting civilians in patrol car...polices and procedure cannot be disregarded.

 

[sleutherontheside]

So KC had to SHOW LE which apt it was because she didn't know the apt. #. She didn't know the apt. # of the nanny??

No wonder the defense doesn't want these statements allowed in. This PROVES KC didn't know the nanny named in her statement.

 

[Searchfortruth]

OCSD policy is that everyone ride in the back seat of the police vehicle...even witnesses to a crime !

 

[Melanie]

uh oh, dep just mentioned patting down KC. Quick shot to JB (who I interpret is chuckling), then writing something down for KC to read. Where is this line of questioning going?

MOO

Mel