2011.03.07 Motion Hearing - *Updated* Key Ruling In! See Motions Thread (sticky)

[Chiquita71]

Sorry if this has been posted or is in the wrong place:

http://www.wesh.com/casey-anthony-e...&utm_medium=facebook&utm_campaign=wesh+2+news

Casey To Lee: I Was Read My Rights
Lead Investigator Claims She Was Never Read Miranda Rights

ORLANDO, Fla. -- Casey Anthony said in her own words she was read her Miranda rights, despite recent testimony from the lead investigator in the case, who said he'd never read Anthony her rights.

The statement could be key. Judge Belvin Perry is expected to rule by the end of the week on whether or not some of Anthony's initial statements to law enforcement will be allowed at the trial.

more at the link

Quote Respect Bree

Thank you for posting this, it is exactly what I wanted to ask about. Det. Melich said, under oath that he did not read Casey her Miranda rights? Right?

Casey says he did. They say "video tape of" it was not shown at the hearing. Does that mean video/audio tape of Casey saying this, making this statement to Lee exists? I will not jump the gun, as I have learned: to get upset about a news story before you find out the slant, spin...is silly.

But, my guess is the detective is telling the truth.
:twocents:

 

[LolaMoon08]

Sorry if this has been posted or is in the wrong place:

http://www.wesh.com/casey-anthony-e...&utm_medium=facebook&utm_campaign=wesh+2+news

Casey To Lee: I Was Read My Rights
Lead Investigator Claims She Was Never Read Miranda Rights

ORLANDO, Fla. -- Casey Anthony said in her own words she was read her Miranda rights, despite recent testimony from the lead investigator in the case, who said he'd never read Anthony her rights.

The statement could be key. Judge Belvin Perry is expected to rule by the end of the week on whether or not some of Anthony's initial statements to law enforcement will be allowed at the trial.

more at the link


Posted on Facebook (by WESH): "Casey says to Lee she WAS read her Miranda rights. Judge Perry's decision expected tomorrow on her initial statements."

I don't think the defense has an issue of them reading Casey her rights when she was finally being arrested? I believe they have an issue of them not reading Casey her rights while they were questioning her? I do not believe they ever asked Yuri Melich if he read her, her rights when she was finally arrested, just if he read her, her rights before each interview?

The defense is trying to say that Casey was a suspect in the eyes of LE and therefore should have been read her rights. With the Universal interview, they are accusing Casey, outright, of breaking the law by lying to LE and continue to talk to her. The defense was trying to say that LE should have not allowed Casey to continue to break the law and when it was proven that she was lying, she should have been read her rights and arrested and not allowed to continue to lie to them.

I will say that this is a great find! Casey admitting that she was read her rights before she was finally arrested is HUGE! So the phone call Casey made to the Anthony home should be a shoe in. :great:

 

[Turnadot]

Any time I see "Casey says..." I disregard it on sight.

 

[Chiquita71]

"I'm going to tell you all this because I want them to hear me say this, when (Yuri) Melich read me my rights in front of two other detectives, he said they were going to hold me for as long as they could with no bond." Anthony told her brother, Lee Anthony, when he went to visit her in the Orange County Jail nine days after her first 2008 arrest.

Melich, the lead investigator in the case, testified under oath at a hearing earlier this month he had never read Anthony her Miranda rights. He said Anthony was a cooperating witness at the time.

"The entire time you didn't Mirandize her?" asked Anthony defense attorney Jose Baez.

"Correct," responded Melich

The video of the jailhouse visit between Anthony and her brother where she claims to have been read her rights was not shown at the recent hearings.
(end)

So, is this more myth making? More reality crafting? Is this for the benefit of the judge and his ruling for friday? May I say, I have no problem with the defense getting what they want from these rulings. I think I am beginning to understand, "death is different."

ETA: Does this video exist? TIA

:cow:

 

[wyome]

But is this NATURE vs. NURTURE? Sorry for the OT, but my DD is in college and has a friend who has a baby. Not married, living at home with her parents. My daughter told me a story the other day about how this young mom goes to school full time, works a job and rarely gets to go out and about. My daugher said this girl doesn't party, etc. She said they all went to dinner the other night and this girl took the baby who happily napped in a baby seat through dinner. The entire time her phone was ringing. It was the "grandmother" saying ...you need to come home, it's too late to have the baby out....blah, blah, blah. OMG -- OF COURSE I immediately thought of Cindy. The young mom feels helpless because she has to finish school in order to be able to get out on her own and support her baby vs. living with her controlling parents.
But if you have someone like KC......that is a deadly combination. KC lied to get out of the house. KC killed her child to get out of the house. But what makes different people act differently in similar circumstances? Scary stuff.

Definitely sounds like your daughter's friend's doing everything right....school full-time, working her *advertiser censored* off...probably pays rent or contributes to the household financially. She's making the best of a crappy situation. The fact that she's out at dinner with the babe sleeping by her makes me think that she probably prefers her being there....she's mom....mom's real busy and these are little moments they can have together. I'm no expert, but there's a scary thin line, I think, between grandparents helping out because their kid's in a bind and taking over to the point where they're the parents and the mom becomes a sibling.

Crap, I guess I'm making a case for Casey being the way she is because of Nurture. Eek...and I usually hate it when the parents are blamed for everything.

But then again, I know someone on death row right now whose parents did "everything right" and it made no difference.

So now I'm totally confused. It IS scary stuff.

 

[Dignity4Victims]

I don't think the defense has an issue of them reading Casey her rights when she was finally being arrested? I believe they have an issue of them not reading Casey her rights while they were questioning her? I do not believe they ever asked Yuri Melich if he read her, her rights when she was finally arrested, just if he read her, her rights before each interview?

The defense is trying to say that Casey was a suspect in the eyes of LE and therefore should have been read her rights. With the Universal interview, they are accusing Casey, outright, of breaking the law by lying to LE and continue to talk to her. The defense was trying to say that LE should have not allowed Casey to continue to break the law and when it was proven that she was lying, she should have been read her rights and arrested and not allowed to continue to lie to them.

I will say that this is a great find! Casey admitting that she was read her rights before she was finally arrested is HUGE! So the phone call Casey made to the Anthony home should be a shoe in. :great:

BBM - I'm not so sure about that.

Melich's court testimony under oath holds a lot of power and for whatever reason that escapes me, he swore under oath that he did not Mirandize Casey.

It makes absolutely no sense to me that he would deny this if he really had Mirandized her.

 

[LambChop]

I believe the question to Yuri was regarding him questioning her and the time he spent asking her questions at Universal and right up to the time they brought her in to question her at the station, after showing her pictures of ZG's. Up to the point of them actually arresting her she was not read her rights and it is not clear if Yuri read them to her or someone else. I do not think that among the three detectives present that she was not read her rights at the moment they arrested her. And now we hear she agrees they did. Yeah.

And doesn't the judge decide on whether or not she gets bonded out? So that statement KC makes to Lee does not sound right. But then KC tends to "misconstrued" the facts....lol

 

[Chiquita71]

I admit, I never understood if the fact(or not fact)that Casey was(or wasn't)read her miranda rights was what the defense wanted or did not want.

Can someone clear that up? TIA. Saying she was read her rights is good for her, yes? See I thought it was best that she had not been in custody when she made statements.

No. Really, I have no idea.

 

[yeknomaras]

I believe she was mirandized when she was actually arrested, but not when she was being questioned the first night and next day. When she was arrested the afternoon of the 16th she was mirandized. I think this is all just a misunderstanding.

 

[Chiquita71]

What is it they want? What is it the defense needs to show to get what they want? And, I know it is statements they want thrown out...

but do they need to show she was in custody(for their way)or to show she was not in custody(for them to get their way which is the statements they want thrown out).

Will it matter for them anyway? If they get a ruling that something before something was not allowed, then that sets in stone that everything after that is under the umbrella of what came after: which is arrest.

Please, please tell me we have clear rules for that stage?

 

[celticthyme]

Wasn't the person talking to her at Universal Cappy Wells? And the Yuri one was at the police station?

 

[Schmerty_Jones]

Any time I see "Casey says..." I disregard it on sight.

So do I. She talks from both sides of her mouth & her mind. It is now on my last nerve......I think :maddening::maddening:I've lost my nerve.....

 

[Dignity4Victims]

I admit, I never understood if the fact(or not fact)that Casey was(or wasn't)read her miranda rights was what the defense wanted or did not want.

Can someone clear that up? TIA. Saying she was read her rights is good for her, yes? See I thought it was best that she had not been in custody when she made statements.

No. Really, I have no idea.

Put it this way, Melich specifically stated that he never Mirandized Casey. NEVER. It's her Constitutional right, and Mason stated in open court that Casey was never Mirandized until her October arrest for Murder One.

If true, which I don't see how that's possible because there would be no mamsy-pamsy "custody issue" seeing as how she was ARRESTED and in jail until Padilla bailed her out, well, it's not a good thing for the State, that's for sure.

Someone is playing games here and I would assume of course it's the Defense because that's what they do, except that Melich admitted under oath that he'd never Mirandized her.

 

[yeknomaras]

Put it this way, Melich specifically stated that he never Mirandized Casey. NEVER. It's her Constitutional right, and Mason stated in open court that Casey was never Mirandized until her October arrest for Murder One.

If true, which I don't see how that's possible because there would be no mamsy-pamsy "custody issue" seeing as how she was ARRESTED and in jail until Padilla bailed her out, well, it's not a good thing for the State, that's for sure.

Someone is playing games here and I would assume of course it's the Defense because that's what they do, except that Melich admitted under oath that he'd never Mirandized her.

Just because Melich admitted HE had never mirandized her doesn't mean she wasn't mirandized at all. They are not claiming she wasn't mirandized when she was finally arrested on the afternoon of the 16th. The defense is saying she should have been mirandized while she was being INTERVIEWED as a mother of a missing child earlier on the 16th and on the night of the 15th.

 

[yeknomaras]

This is just a case of the media sensationalizing one comment by a serial liar.

Maybe Melich did mirandized her when she was finally officially arrested... but that's not what the focus of the hearings was last week. Please don't get sucked in by this stupid media circus...

 

[Dignity4Victims]

Just because Melich admitted HE had never mirandized her doesn't mean she wasn't mirandized at all. They are not claiming she wasn't mirandized when she was finally arrested on the afternoon of the 16th. The defense is saying she should have been mirandized while she was being INTERVIEWED as a mother of a missing child earlier on the 16th and on the night of the 15th.

BBM - that's not true, Mason clearly stated at the last Hearing that Casey was never Mirandized until her October arrest.

If you go back and listen to it, it's near the first part of his yammering during that Hearing. Many of us on the live Hearing thread caught it, and I was very surprised that LDB didn't address Mason on this.

Nearly every news media has also published this little tidbit of Mason's since then.

 

[gitana1]

My opinion is based on my view that I just don't see how a reasonable person under the circumstances could have believed that their freedom of movement was deprived in a significant way. Not at the house, not in the car rides, not at Universal. I don't buy the argument that an appellate court would find that anytime a 'comparatively smaller' individual is being questioned by "600 lbs" of LE that the 'smaller' individual would believe they were not free to terminate the questioning and leave. JMHO. PS I also don't believe this particular judge will give anyone a "bone". I think he will follow the letter of the law and he sees it applied to the particular facts of this case.

The argument put forth by the defense that a smaller person being questioned by larger LE would believe they are in custody is nonsense. However, once LE started challenging casey's statements and asking her if her child was in a better place, whether Caylee was not in a good condition, etc., many would think a reasonable person would feel, "Uh oh. I'm in trouble. They may not let me leave."

Giving the other side a bone when issuing a ruling heavily in favor of one side is very, very common. And it has nothing to do with following the letter of the law or not following it. Many of these laws are easily interpreted one way or the other, depending on the facts. I realized that quite impressively when I took a constitutional law class. It was amazing to see how easily the meaning of the constitution could be bent depending on the mood of the Supreme Court and then bent back a few decades later. So, when interpreting a set of facts a certain way when applied to the law, especially when the decision is a fine line one, judges very often give something to the "losing" side in order to preserve the appearance of propriety and to simply be fair.

 

[LancelotLink]

My brain hurts.

 

[Turnadot]

BBM - that's not true, Mason clearly stated at the last Hearing that Casey was never Mirandized until her October arrest.

If you go back and listen to it, it's near the first part of his yammering during that Hearing. Many of us on the live Hearing thread caught it, and I was very surprised that LDB didn't address Mason on this.

Nearly every news media has also published this little tidbit Mason's since then.

Maybe LDB didn't address it because LE doesn't have to Mirandize someone before arresting them. Mason's spin fell on deaf ears in HHJP's Court. IMO, Mason was playing to a jury who will be mostly laymen who may not be aware that LE can arrest a suspect without a Miranda Warning if LE does not intend to question the person further. Mason should have tailored his arguments to HHJP, but he didn't, and seeing the media hoopla his comment caused, I think he did it on purpose for potential jurors.

My opinions only...

 

[Dignity4Victims]

I believe the question to Yuri was regarding him questioning her and the time he spent asking her questions at Universal and right up to the time they brought her in to question her at the station, after showing her pictures of ZG's. Up to the point of them actually arresting her she was not read her rights and it is not clear if Yuri read them to her or someone else. I do not think that among the three detectives present that she was not read her rights at the moment they arrested her. And now we hear she agrees they did. Yeah.

And doesn't the judge decide on whether or not she gets bonded out? So that statement KC makes to Lee does not sound right. But then KC tends to "misconstrued" the facts....lol

Prosecutors can "ask" for no bond, but yes, it's up to the Judge and the legal guidelines he must follow as well as the steps of criteria that he must consider for bond.

As far as Casey, I pretty much flush everything she's ever spoken, in or out of jail. But what bothers me is Melich's court testimony when Baez specifically asked him, "In fact, you've never Mirandized Casey, have you?" At that point, I saw it as a word game; no, Melich had never Mirandized her, but someone had.

But then Mason was allowed to go unscathed when he stated that Casey had never been Mirandized until her October arrest, so was he again lying to the court? If he was, why didn't LDB jump all over that? She never did, but I find it preposterous that Casey spent "whatever" time in jail between July 16th and the time Padilla fished her out, without ever being Mirandized.

I just don't believe it, period.