2011.06.03 Geraldo Rivera's statement on Fox & Friends

[ExigentPlan]

This my first time starting a thread. If I did anything wrong, or if it doesn't fit or whatever, do what you will!

Did anyone hear Geraldo Rivera's assertion this morning on F&F that he believes that the police were treating ICA as a suspect when they were interrogating her and the fact that they didn't Mirandize her beforehand, will allow a conviction to be overturned?

What do you all think?

Aqua

That's a TV induced myth about Miranda. You do not have to mirandize someone who isn't in custody. After all, they can walk away without talking to you. Casey wasn't in custody during the Universal Studios interview. They made it clear they only asked her into the UNLOCKED room for privacy and that she was free to go if she wanted. They are even futher protected in that she wasn't arrested right after the interview.

Obviously her lies were making them suspicious, but they were giving every consideration to a possibility of there being another explanation. The cops didn't even immediately arrest her for the false statements. They gave her numerous chances to correct the false information. Something you will rarely ever hear me say, except in this case, is that the cops did a remarkable and fair job trying to find the missing child under extreme circumstances.

 

[beach]

Leave the political references out of this thread or it will go *poof*.

 

[Jean517]

I don't believe she needed to be Mirandized. She was the mother of a missing child. She voluntarily took police to her place of employment (?) to obtain information on where her child might be. She was not arrested at that point. I would also have been confused and incredulous at what she was doing and my goal would have been to find out where the child was. In hindsight it may seem that she turned into a suspect at that point but I still think they were looking for a missing child and did not think they were investigating a murder. I think they figured out that she knew a lot more than what she was saying and that she was lying, but the goal would be to still treat her as the mother of a missing child who might have info that she wasn't revealing.
She also freely walked out of that room and went home. Clearly, she wasn't in custody.

 

[katydid23]

Guess what? They sell a number of those pizzas at Target and Publix.

O/T;Believe me I know. My DD likes the BBQ Chicken frozen personal pizzas and I stocked up this week just in time for the trial. We got their BBQ Chicken salads this time though.

So I imagine I didn't miss much at the end of geraldo's commercial for the DT.

 

[Just Jayla]

I don't believe she needed to be Mirandized. She was the mother of a missing child. She voluntarily took police to her place of employment (?) to obtain information on where her child might be. She was not arrested at that point. I would also have been confused and incredulous at what she was doing and my goal would have been to find out where the child was. In hindsight it may seem that she turned into a suspect at that point but I still think they were looking for a missing child and did not think they were investigating a murder. I think they figured out that she knew a lot more than what she was saying and that she was lying, but the goal would be to still treat her as the mother of a missing child who might have info that she wasn't revealing.
She also freely walked out of that room and went home. Clearly, she wasn't in custody.

Agreed-This is the same girl that only a while earlier told another officer that she thought Cindy was trying to take Caylee. For all the detectives knew, Caylee was alive and well somewhere and Casey was being stubborn, or paranoid, or she needed to be committed or was taking/involved in drugs and was too whacked out to tell them where she put Caylee.
Misty Croslin and Billie Dunn were not arrested, either, and I don't believe police believe that those two women are the killers-or at least they did not START at that conclusion. Yet both women have been grilled without Miranda.
They presented her with the worst of the worst scenarios, such as Caylee in a trash can, not expecting a confession, but to scare her into giving them some truth so they could find Caylee. This interview was extremely early on in the development of the lies, the computer angles of all sorts, the 31 day activity.

 

[katydid23]

Did they not have the DP on the table before the body was found though? I think it's a little extreme myself. Actually agree with Geraldo on this one, think its a worthy question.

Here is my theory about the DP charge. I think it was a strategic decision. Imo, the state decided to 'charge high' for 2 reasons. Number one, DP eligible juries are more conservative over all. And number 2, this way the jury can show her mercy by going with LWOP and saving her life. If they started with LWOP as the highest charge they would go down from there.

I do not expect her to get the DP and I doubt the state expects it either.

 

[katydid23]

Agreed-This is the same girl that only a while earlier told another officer that she thought Cindy was trying to take Caylee. For all the detectives knew, Caylee was alive and well somewhere and Casey was being stubborn, or paranoid, or she needed to be committed or was taking/involved in drugs and was too whacked out to tell them where she put Caylee.
Misty Croslin and Billie Dunn were not arrested, either, and I don't believe police believe that those two women are the killers-or at least they did not START at that conclusion. Yet both women have been grilled without Miranda.
They presented her with the worst of the worst scenarios, such as Caylee in a trash can, not expecting a confession, but to scare her into giving them some truth so they could find Caylee. This interview was extremely early on in the development of the lies, the computer angles of all sorts, the 31 day activity.

And during the same interview they asked her about other suspects and other potential motives, like the birthfather of Caylee and his parents and whether ZFG was infertile or not. So it was clear that they were traveling parallel theories and not only Casey at the time.

 

[Scamperoo]

Did they not have the DP on the table before the body was found though? I think it's a little extreme myself. Actually agree with Geraldo on this one, think its a worthy question.

They took the DP off the table, but when they found the body with duct tape wrapped around the skull, they put it back on.

The question for me isn't why did they treat her so harshly, she is getting what she deserves, what I want to know is why OJ got away with it, they were just too lenient with him and then some.

 

[Steely Dan]

Onto the hair banding on the decomposed hair, but that ONE hair is a stretch. Geraldo saying with the death smell in the car etc that the prosecutor was so intent on getting a capitol conviction that they pulled out all the stops.

So what's his stance...that they prosecutor has been over-zealous.

Ummmm, yeah, when it comes to murders the prosecution should just chill out.

Was Casey terrorized by the males in her family? You be the judge.

[Showing the lovey-dovey parts of the jailhouse tapes}

reading e-mail from viewer.= Zanny the nanny is xanex.

OMG. Dr Baden is on now. Talks about the hair test finding no drugs in her system
Hair banding= Baden tries to shut that down now too.

'to try and build a case around a single hair is quite a stretch.'

Geraldo-'-that is a stretch, building it on one strand of hair, denying the Miranda
Warning.'

Baden= it could be a dead racoon. SERIOUSLY? Did he really just say that?????????

BBM

No, No! It was a squirrel Baden!!!

 

[sdmike1974]

Ultimately Perry ruled it was a non-custodial investigation and she was free to leave therefore she did not need the rights read to her.

Bottom line is she was actually free to leave whether she felt she could or not and Perry has made the call.

Unfortunately for those of us convinced of Casey's guilt, that is not the test.

The test is whether an ordinary reasonable person in her situation in that conference room under pretty intense interrogation would feel free to leave.

Judge Perry said yes. Others claim she was told she could leave. But I am suspicious. I watched the entire interview by the two detectives and I did not hear that statement.

Ultimately I do think this will become an appellate issue if she is convicted.

Will Judge Perry's ruling be upheld? I sure hope so, but I wouldn't bet money on it just yet.

I need to hear more arguments. Plus can we assume that if this testimony that was not suppressed, was suppressed, would it have contributed to a different verdict? Isn't that the ultimate question for an appellate court?

 

[Donjeta]

I am not a lawyer but I doubt that the Universal interview makes or breaks the case. It's an emotionally intense illustration of how she stuck to her lies through thick and thin but I don't think there was much new information in that interview. They didn't go out and find Caylee's body on the basis of what she said in that interview or anything like that, basically she just reiterated the same lies she had told in other circumstances and it leads to nowhere, they had already confirmed that what she said was mostly lies. The jurors may go, "OMG, I can't believe she lied in that situation" but the interview wasn't needed to establish that she lied to the police IMO. It is not even a point of contention between the prosecution and the defence. The defence admits that she lied in this interview as well as others.

 

[zoey]

Here is my theory about the DP charge. I think it was a strategic decision. Imo, the state decided to 'charge high' for 2 reasons. Number one, DP eligible juries are more conservative over all. And number 2, this way the jury can show her mercy by going with LWOP and saving her life. If they started with LWOP as the highest charge they would go down from there.

I do not expect her to get the DP and I doubt the state expects it either.

MOO besides the way she was found with the tape and everything else...by putting DT on the table jb had to get better help--this is what really ticked him off---him not being DP qualified and having to have others.....he wanted all the press & glory...

 

[BiancaS]

They took the DP off the table, but when they found the body with duct tape wrapped around the skull, they put it back on.

The question for me isn't why did they treat her so harshly, she is getting what she deserves, what I want to know is why OJ got away with it, they were just too lenient with him and then some.

Main difference between trials (and results) for OJ and Casey?

OJ - Judge Ito
Casey - Judge Belvin Perry

 

[Tuffy]

I'm not too worried about a guilty verdict being overturned on the Universal interview being done without a Miranda warning given. Of the panel actually on Geraldo, the only ones who felt this was an issue was Dr. Baden and Geraldo. All the other attorneys said it wasn't going to be a concern. Judge Perry's ruling was legitimate.

I don't know what Geraldo's record is as a trial attorney (all those years ago) but I have found that his legal interpretations are usually way off mark. He has a hard time predicting the outcome of cases and decisions. And Dr. Baden, well who cares what his legal opinion is? How long did he study law?

I also understand that Judge Perry's rulings are very rarely overturned.

 

[suzihawk]

I'm not too worried about a guilty verdict being overturned on the Universal interview being done without a Miranda warning given. Of the panel actually on Geraldo, the only ones who felt this was an issue was Dr. Baden and Geraldo. All the other attorneys said it wasn't going to be a concern. Judge Perry's ruling was legitimate.

I don't know what Geraldo's record is as a trial attorney (all those years ago) but I have found that his legal interpretations are usually way off mark. He has a hard time predicting the outcome of cases and decisions. And Dr. Baden, well who cares what his legal opinion is? How long did he study law?

I also understand that Judge Perry's rulings are very rarely overturned.

I think the only reason Baden was there is because he was sitting in for his wife.

 

[Clock's Tickin]

She was not questioned at all until after she was ARRESTED...which means her Miranda Rights had already been read.

 

[Jollyroger]

Yep Baden said it could be a dead raccoon.

Yes, I'm sure KC often kept dead raccoons in her trunk!

 

[Jollyroger]

I like that they say "But only one hair showed decomposition." Why did ANY hair show decomposition??

 

[wallflower67]

Unfortunately for those of us convinced of Casey's guilt, that is not the test.

The test is whether an ordinary reasonable person in her situation in that conference room under pretty intense interrogation would feel free to leave.

Judge Perry said yes. Others claim she was told she could leave. But I am suspicious. I watched the entire interview by the two detectives and I did not hear that statement.

Ultimately I do think this will become an appellate issue if she is convicted.

Will Judge Perry's ruling be upheld? I sure hope so, but I wouldn't bet money on it just yet.

I need to hear more arguments. Plus can we assume that if this testimony that was not suppressed, was suppressed, would it have contributed to a different verdict? Isn't that the ultimate question for an appellate court?

When I listened to the Universal taped interview, Melich told her she was in an unlocked room and she was free to go at any time, that she was not under arrest. Casey said she was there under her own free will and wanted to be there to help find Caylee.

 

[JenniferTx]

I have always thought that Geraldo is just one of those people that like to hear their own voice. He like to stir up stuff too. He doesn't seem to know when to stop running at the mouth sometimes.